Decree No. 148/2006/NĐ-CP on planning, construction, management, and protection of safety zones around ammunition storage facilities, explosive materials storage facilities, and ammunition production plants, explosive materials production plants under the management of the Ministry of National Defense

DECREE

On planning, construction, management, and protection

Of safety zones around ammunition storage facilities, explosive materials,

 ammunition production plants, explosive materials managed by the Ministry of National Defense

______________________ 

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Ordinance on Protection of National Defense Works and Military Areas dated May 19, 1994;

Considering the proposal of the Minister of National Defense.

DECREE

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates on safety zones and the planning, construction, management, and protection of safety zones around ammunition storage facilities, explosive materials, ammunition production plants, explosive materials (hereinafter referred to as safety zones for ammunition storage facilities).

Article 2. Scope of Application

All agencies, organizations, and individuals operating or residing within the territory of Vietnam must comply with the provisions of this Decree.

Article 3. Principles of planning, construction, management, and protection of safety zones for ammunition storage facilities

Construction, management, and protection of safety zones for ammunition storage facilities are the responsibility of all organizations and individuals. When planning and constructing projects related to the scope of safety zones for ammunition storage facilities as specified in Clause 2 and Clause 3, Article 7 of this Decree, all organizations and individuals must obtain the opinion of the Ministry of National Defense and comply with the regulations on construction, management, and protection of safety zones for ammunition storage facilities.

Article 4. Definitions

In this Decree, the following terms are understood as follows:

1. Ammunition storage facilities, explosive materials, ammunition production plants, explosive materials (hereinafter referred to as ammunition storage facilities) are places producing and storing ammunition, explosive materials for the People's Army of Vietnam, and are classified as national defense works and military areas type 2.

2. Safety zones for ammunition storage facilities are the areas surrounding the warehouses within ammunition storage facilities, including both surface and underground areas, located between the inner limit and the outer limit with a distance equal to the safety radius.

3. The inner limit of safety zones for ammunition storage facilities is a fence or enclosed barrier around the area of the warehouses within ammunition storage facilities.

4. The outer limit of safety zones for ammunition storage facilities is a closed line formed by the outermost points of the safety radius.

5. The safety radius is the minimum distance from the inner limit of safety zones for ammunition storage facilities outward, ensuring safety for people and economic civilian structures on the surface or underground if there is a fire or explosion incident at the ammunition storage facility.

Article 5. Regulations on safety zones for ammunition storage facilities

1. All ammunition storage facilities must determine safety zones for ammunition storage facilities. Safety zones for ammunition storage facilities must ensure prevention of harmful factors that cause insecurity for ammunition storage facilities and guarantee the safety of lives and property of organizations and individuals in the area if there is a fire or explosion incident at the ammunition storage facility.

2. Safety zones for ammunition storage facilities are determined on-site through barriers, markers, signs, and land registry maps, clearly indicating the location and land area occupied by the ammunition storage facilities and safety zones for ammunition storage facilities.

3. Ammunition storage facilities, in addition to records managing national defense works and military areas, must have records managing safety zones for ammunition storage facilities; the establishment of these records is carried out according to the regulations of the Ministry of National Defense.

Article 6. Safety radius of ammunition storage facilities

The safety radius of ammunition storage facilities depends on the explosive equivalent of each facility, the nature of the ground and structures, and obstacles separating the ammunition storage facility from people and other structures, specifically as follows:

1. For ammunition storage facilities at the level of the Ministry of National Defense and those at the level of military regions, corps, branches, and equivalent: from 1,200 meters to 1,500 meters.

2. For ammunition storage facilities at the level of divisions, provincial-level facilities, centrally-administered city-level facilities, and equivalent: from 800 meters to 1,000 meters.

3. For ammunition storage facilities at the level of brigades, regiments, counties, towns, ammunition production plants, explosive materials, and equivalent as prescribed by the Ministry of National Defense.

4. In cases where hills or mountains surround the perimeter of the warehouses within ammunition storage facilities, if the lowest peak of such hills or mountains is connected to the farthest wall of a warehouse by a straight line forming an angle greater than 45 degrees with the horizontal plane of the warehouse foundation,^° then the distances specified in Clause 1 and Clause 2 of this Article may be reduced by 50%.

Article 7. Protection of the Safety Zone around the Warehouse

1. Within the Safety Zone around the Warehouse, the following activities are prohibited:

a) Persons not responsible for the Safety Zone entering the Safety Zone around the Warehouse;

b) Building residential houses, economic facilities, and public works;

c) Using fire, explosives, equipment, flammable and explosive materials, and objects carrying fire;

d) Engaging in agricultural, forestry, and fishing activities within a 50-meter radius from the inner boundary of the Safety Zone around the Warehouse outward;

đ) Exploring and exploiting mineral resources;

e) Hunting, blasting;

g) Docking transportation vehicles;

h) Tourism, collective activities (except for firefighting, explosion prevention, rescue, and relief activities).

2. Within a 50-meter radius from the inner boundary to the outer boundary of the Safety Zone around the Warehouse, the following activities are permitted:

a) Constructing facilities serving direct warehouse operations;

b) Engaging in agricultural, forestry, and fishing activities as stipulated in Clause 1 of this Article;

c) Constructing small and medium-scale irrigation facilities and facilities serving firefighting, explosion prevention, rescue, and relief activities;

d) Constructing small and medium-scale infrastructure for transportation to serve direct warehouse operations and firefighting, explosion prevention, rescue, and relief activities.

3. Within a 500-meter radius from the inner boundary to the outer boundary of the Safety Zone around the Warehouse, high-voltage power lines under 110 KV can be constructed.

4. In special cases where land, water, or airspace need to be used for purposes other than those specified in Clauses 2 and 3 of this Article, permission must be obtained from The Prime Minister.

5. Besides the provisions in Clauses 1, 2, 3, and 4 of this Article, residing, producing, operating businesses, entering, traveling, filming, photographing, and other activities within the Safety Zone around the Warehouse must comply with laws on protecting defense works and military areas.

6. Strictly prohibit issuing permits or organizing the construction of residential houses and economic public works that violate the provisions of Clauses 1, 2, and 3 of this Article.

7. When there is a fire or explosion incident or a risk of fire or explosion at ammunition warehouses, all agencies, organizations, and individuals responsible in the area must cooperate with the warehouse commander to promptly organize prevention and handling. Strictly prohibit any individual without responsibility from entering the Safety Zone around the Warehouse during times of fire or explosion risk or when such incidents are occurring or being addressed.

8. Organizations and individuals with rights and obligations related to the Safety Zone around the Warehouse have the duty and responsibility to strictly comply with this Decree. Upon discovering any violations regarding the construction, management, and protection of the Safety Zone around the Warehouse, they must immediately report to local authorities or competent agencies for prompt handling.

9. Any acts infringing upon the Safety Zone around the Warehouse must be handled according to the law.

Article 8. Planning and Construction of Ammunition Warehouses

1. Planning and constructing the system of ammunition warehouses must be consistent with national defense tasks and the provisions of Article 6 of this Decree, while also meeting the needs for socio-economic development.

2. When planning, designing, and constructing new ammunition warehouses and arranging storage facilities within ammunition warehouses, locations with terrain and natural features providing cover and ensuring the Safety Zone around the Warehouse must be selected. The impact of earthquakes, floods, landslides, and other natural phenomena must be calculated.

3. The construction, management, and protection of the Safety Zone around the Warehouse must be closely linked to the protection of mineral resources, the environment, historical and cultural relics, scenic spots, and must respect the legitimate rights and interests of organizations and individuals.

4. The area and location for constructing ammunition warehouses must be approved by the competent authority and comply with laws on land, construction, management, and protection of the Safety Zone around the Warehouse.

5. Explosive ammunition and explosives shall not be stored in warehouses near residential areas. Ammunition warehouses currently located near densely populated residential areas, urban centers, industrial zones, national highways, national power grids, and other important facilities must adjust their storage quantities appropriately; if adjustment is not possible, they must be relocated to ensure compliance with the Safety Zone around the Warehouse regulations. Storage facilities within ammunition warehouses that do not meet fire and explosion prevention standards must be reinforced, repaired, or rebuilt.

6. New ammunition warehouses shall not be constructed in urban areas or densely populated residential areas. In cases where it is necessary to serve national defense tasks, when deciding to construct, safety distances must be calculated and designed, and approval from the Prime Minister must be obtained.

Chapter II

RESPONSIBILITIES FOR PLANNING, CONSTRUCTION,

MANAGEMENT, PROTECTION OF THE SAFETY ZONE AROUND THE WAREHOUSE

Article 9. Responsibilities of the Ministry of National Defense

1. Take the lead and coordinate with relevant ministries, sectors, and localities in drafting the plan for the national ammunition storage system planning and determining the Safety Belt for each type of ammunition storage facility, to be submitted for approval.

2. Based on the content of the approved planning proposal by the Prime Minister, direct the establishment of investment projects for construction and renovation of ammunition storage facilities, organize reviews, submit to competent authorities for approval according to current regulations; coordinate with the Ministry of Natural Resources and Environment, local authorities, and related agencies in managing and using land within the Safety Belt of the storage facility in accordance with laws on land and relocation, evacuation of houses and structures within the Safety Belt.

3. Take the lead and coordinate with the Ministry of Finance (for regular defense budget expenditures) and the Ministry of Planning and Investment (for centralized basic construction investment expenditures) in the work of preparing and implementing state budget estimates to ensure construction, management, and protection of the Safety Belt of the storage facility, to be submitted to competent authorities for decision-making according to the State Budget Law.

4. Direct ammunition storage management units to coordinate with People's Committees of districts, cities under provinces to determine the Safety Belt of the storage facility.

5. Direct ammunition storage management units to coordinate with local authorities at all levels and functional agencies where economic and civilian infrastructure projects and residential buildings currently exist that are inconsistent with Clause 1 and Clause 2 of Article 7 of this Decree, to resolve them according to the law.

Article 10. Responsibilities of the Ministry of Planning and Investment

1. Review, adjust, and supplement planning schemes under the management of the Ministry related to the Safety Belt of the storage facility.

2. Coordinate with the Ministry of National Defense to draft the plan for the national ammunition storage system.

3. Coordinate with the Ministry of National Defense in the work of preparing and implementing state budget estimates for centralized basic construction investment expenditures to ensure construction, management, and protection of the Safety Belt of the storage facility, to be submitted to competent authorities for decision-making according to the State Budget Law.

Article 11. Responsibilities of the Ministry of Finance

1. Coordinate with the Ministry of National Defense in the work of preparing and implementing state budget estimates for regular defense budget expenditures to ensure construction, management, and protection of the Safety Belt of the storage facility, to be submitted to competent authorities for decision-making according to the State Budget Law.

2. Coordinate with the Ministry of National Defense to draft the plan for the national ammunition storage system.

Article 12. Responsibilities of other ministries and sectors

1. Take the lead and coordinate with the Ministry of National Defense and related agencies in reviewing, adjusting, and supplementing planning schemes, programs, and projects under the management of the ministry or sector related to construction, management, and protection of the Safety Belt of the storage facility.

2. Coordinate with the Ministry of National Defense and guide the implementation of regulations on construction, management, and protection of the Safety Belt of the storage facility.

Article 13. Responsibilities of People's Committees of Provinces and Central Cities

1. Based on the content of the approved planning proposal by the Prime Minister, take the lead and coordinate with the Ministry of National Defense to carry out procedures for allocating land for construction, organize management and use of land within the Safety Belt of the storage facility in accordance with laws on land.

2. Direct People's Committees of districts, cities under provinces to coordinate with ammunition storage management agencies to determine the Safety Belt of the storage facility and prepare cadastral maps of the area.

3. Organize relocation and resettlement of households and economic and civilian infrastructure projects to construct, manage, and protect the Safety Belt of the storage facility according to the law.

4. Take the lead and coordinate with the Ministry of National Defense and related ministries and sectors in reviewing, adjusting, and supplementing planning schemes for socio-economic development of the locality linked to construction, management, and protection of the Safety Belt of the storage facility.

5. Coordinate with the Vietnam Fatherland Front, direct member organizations and other social organizations to promote education and encourage people to strictly comply with regulations on construction, management, and protection of the Safety Belt of the storage facility.

6. Handle violations of regulations on construction, management, and protection of the Safety Belt of the storage facility within their authority.

Article 14. Inspection, supervision, and handling of violations concerning the Safety Zone around ammunition storage facilities.

1. The ammunition storage facility management unit shall take the lead and coordinate with local authorities and relevant agencies to develop plans and organize inspections of compliance with regulations on construction, management, and protection of the Safety Zone around ammunition storage facilities.

2. Upon discovering acts of infringement or potential threats to ammunition storage facilities and violations of regulations on construction, management, and protection of the Safety Zone around ammunition storage facilities, the ammunition storage facility management unit shall take the lead and coordinate with local authorities and relevant agencies in the area to prevent such acts and take appropriate measures to promptly stop any infringements on the safety of the storage facility and the Safety Zone around it.

3. Annually, the Ministry of National Defense shall organize inspections and report to the Prime Minister on the implementation of regulations concerning construction, management, and protection of the Safety Zone around ammunition storage facilities. Article 15. Complaints, accusations, and resolution of complaints and accusations.

1. Organizations and individuals subject to penalties for violations of the Safety Zone around ammunition storage facilities have the right to appeal against decisions made by competent authorities.

2. Citizens have the right to accuse organizations and individuals who violate the Safety Zone around ammunition storage facilities.

3. Complaints, accusations, and the authority and procedures for resolving complaints and accusations shall be carried out in accordance with the prescribed procedures under the laws on complaints and accusations.

1. The Ministry of National Defense is responsible for taking the lead and coordinating with relevant ministries to guide the implementation of this Decree.

Chapter III

IMPLEMENTATION

Article 16. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 17. Responsibility for Implementation

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decree./.

The ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of provincial and centrally governed city People's Committees shall be responsible for implementing this Decree./.