This Decree details the management and use of industrial explosives and explosive precursors within the country. It includes clauses on safety technical training, issuance of permits, revocation of permits when necessary, as well as the responsibilities of relevant agencies in implementing these regulations.
적용 범위
Organizations, enterprises, and individuals involved in the management and use of industrial explosives and explosive precursors in Vietnam.
핵심 사항
- Provisions for safety technical training for workers in this field
- Issuance of permits and certificates for organizations and enterprises operating in the field of industrial explosives and explosive precursors
- Revocation of permits in case of violations or lack of need for use
- Responsibilities of the Ministry of Industry and Trade, Ministry of Public Security, Ministry of National Defense, and People's Committees at all levels in implementing these regulations.
- Effective from January 1, 2025
🌐 이 문서의 사회적 영향
- Strengthening state management over industrial explosives and explosive precursors
- Minimizing safety risks during the use of industrial explosives and explosive precursors
- Ensuring compliance with laws related to the management and use of industrial explosives and explosive precursors
❓ 자주 묻는 질문
What documents does this Decree replace?
Replaces Decree No. 71/2018/NĐ-CP dated May 15, 2018 of the Government and some chapters in other Decrees related to industrial explosives and explosive precursors.
When does this Decree take effect?
This Decree takes effect from January 1, 2025.
전문
DECREE
Detailed regulations on certain provisions of the Law on Management and Use of Weapons, Explosives, and Auxiliary Equipment concerning industrial explosives and explosive precursors
Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;
Pursuant to the Law on Management and Use of Weapons, Explosives, and Auxiliary Equipment dated June 29, 2024;
At the proposal of the Minister of Industry and Trade;
The Government promulgates this Decree detailing certain provisions of the Law on Management and Use of Weapons, Explosives, and Auxiliary Equipment concerning industrial explosives and explosive precursors.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree specifies detailed provisions regarding the qualifications, training, and issuance of training certificates for technical safety of industrial explosives and explosive precursors; emergency response in the production and business of industrial explosives; training and issuance of training certificates for technical safety of explosive precursors; management and storage of industrial explosives and explosive precursors; procedures for revoking licenses and certificates related to the management and use of industrial explosives and explosive precursors.
Article 2. Applicability
This Decree applies to agencies, organizations, enterprises, and individuals involved in the management and use of industrial explosives and explosive precursors in Vietnam.
Article 3. Explanation of Terms
In this Decree, the following terms are understood as follows:
1. The manager is the person assigned by the organization or enterprise producing, trading, or using industrial explosives to be responsible for professional, technical, and safety matters in the field of managing industrial explosives, except for the blasting supervisor.
2. The blasting supervisor is the person appointed by the organization or enterprise using industrial explosives to direct, guide, and organize the use of industrial explosives according to the approved blasting passport.
3. The blaster is the person directly using industrial explosives according to the approved blasting passport and following the directives and guidance of the blasting supervisor.
4. Personnel directly related to the production, trading, and use of industrial explosives include: warehouse security personnel for storing industrial explosives; persons handling loading, unloading, and transporting industrial explosives at warehouses, intermediate transfer locations, and blasting sites; escorts and drivers of transportation vehicles carrying industrial explosives; sample collectors for testing industrial explosives.
5. The person in charge of managing warehouses storing industrial explosives and explosive precursors is the individual tasked by the organization or enterprise producing, trading, or using industrial explosives and explosive precursors to be responsible for receiving, storing, maintaining, and issuing industrial explosives and explosive precursors from the warehouse.
Chapter II
QUALIFICATIONS, TRAINING, AND ISSUANCE OF TRAINING CERTIFICATES IN THE ACTIVITIES OF PRODUCTION,
TRADING, USE OF INDUSTRIAL EXPLOSIVES,
EMERGENCY RESPONSE IN PRODUCTION AND TRADING
OF INDUSTRIAL EXPLOSIVES
Article 4. Professional Qualifications in Production, Trading, and Use of Industrial Explosives
1. Managers of organizations or enterprises producing or using industrial explosives must have a bachelor's degree or higher in one of the following technical fields: Chemical Engineering; Weapons; Explosives; Engineering Technical Command; Mining Extraction; Mining Engineering; Geology; Construction Engineering; Transportation; Water Resources; Geophysics; Petroleum.
2. Managers of enterprises trading in industrial explosives must have a bachelor's degree or higher.
3. Persons engaged in analyzing and testing industrial explosives must have a secondary vocational degree or higher in one of the following technical fields: Chemical Engineering, Weapons, Explosives, Engineering Technical Command, Mining Extraction, Mining Engineering, Geology, or Blasting Drilling.
4. Blasting supervisors must have a secondary vocational degree or higher in a technical specialty, specifically as follows:
a) For specialties specified in Clause 1 of this Article or the blasting drilling specialty, blasting supervisors with a bachelor's degree or higher must have at least one year of direct experience using industrial explosives, while those with a secondary vocational degree or higher must have at least two years of such experience;
b) For other technical specialties not covered under point a of this Clause, blasting supervisors with a bachelor's degree or higher must have at least two years of direct experience using industrial explosives, while those with a secondary vocational degree or higher must have at least three years of such experience.
5. Blasters must have a primary vocational degree or higher in the specialty specified in point a of Clause 4 of this Article or a secondary vocational degree or higher in the specialty specified in point b of Clause 4 of this Article, and must have at least six months of experience working in blasting support activities.
5. Blasters must have a qualification level of初级or above as specified in Point a, Clause 4 of this Article, or intermediate or above as specified in Point b, Clause 4 of this Article, and must have at least six months of experience working in blasting service jobs.
Article 5. Subjects required to undergo industrial explosive safety technical training and emergency response
1. Managers.
2. Direct production workers of industrial explosives.
3. Persons assigned to manage warehouses storing industrial explosives.
4. Blasting supervisors.
5. Blasters.
6. Personnel directly related to the production, business, and use of industrial explosives.
7. Workers engaged in the analysis and testing of industrial explosives.
Article 6. Authority to issue certificates of industrial explosive safety technical training
1. The competent authority designated by the Ministry of Industry and Trade, which issues certificates of qualification for production, business licenses, usage permits for industrial explosives, and blasting services, shall organize inspections and issue certificates of industrial explosive safety technical training for the subjects specified in Article 5 of this Decree of organizations and enterprises under its licensing jurisdiction, except for those specified in Clause 2 of this Article.
2. The agency entrusted by the Ministry of National Defense to conduct training, inspection, and issuance of certificates of industrial explosive safety technical training shall organize inspections and issue certificates of industrial explosive safety technical training for subjects from organizations and enterprises producing, trading, using, transporting industrial explosives, and blasting services under the management jurisdiction of the Ministry of National Defense.
Article 7. Contents of industrial explosive safety technical training and emergency response in the production and trade of industrial explosives
1. Training contents for managers
a) Legal provisions on the production, trade, and use of industrial explosives; list of industrial explosives permitted for production, trade, and use in Vietnam;
b) Safety requirements when handling industrial explosives; measures for management and technical safety assurance in production, storage, transportation, use, testing, and destruction of industrial explosives; signs, symbols, and hazardous markings on packaging, containers, and transport vehicles;
c) Identification of risks, dangerous factors, and risk assessment regarding security, safety, fire prevention, and natural disasters in the production, trade, and use of industrial explosives;
d) Emergency response to incidents related to the production and trade of industrial explosives as stipulated in Clause 8 of this Article for managers of organizations and enterprises producing and trading in industrial explosives.
2. Training contents for direct production workers of industrial explosives
a) Legal provisions related to the production of industrial explosives;
b) Safety requirements when handling industrial explosives, technical characteristics of the industrial explosives being produced;
c) Safety requirements when operating production machinery and equipment and safe working methods;
d) Identification of risks, dangerous factors, and risk assessment in the production of industrial explosives concerning security, safety, fire prevention, and natural disasters;
đ) Emergency response to incidents related to the production of industrial explosives as stipulated in Clause 8 of this Article.
3. Training contents for persons assigned to manage warehouses storing industrial explosives
a) Legal provisions on the storage of industrial explosives: Requirements for storage facilities; means and equipment for ensuring safety, fire prevention, lightning protection, and static electricity control in industrial explosive storage facilities;
b) Composition, properties, classification, and quality requirements for industrial explosives; regulations on testing, inspection, and quality assurance measures for industrial explosives; regulations on destruction and methods of destroying industrial explosives; requirements for packaging and labeling of industrial explosives;
c) Methods of arranging and storing industrial explosives; safety requirements when loading, storing, and transporting industrial explosives within the warehouse and on transport vehicles;
d) Procedures for the entry and exit, and inventory of industrial explosives;
đ) Responsibilities of persons assigned to manage warehouses storing industrial explosives;
e) Identification of risks, dangerous factors, and risk assessment in the storage of industrial explosives concerning security, safety, fire prevention, and natural disasters;
g) Emergency response to incidents related to industrial explosive activities as stipulated in Clause 8 of this Article for persons assigned to manage warehouses storing industrial explosives of organizations and enterprises producing and trading in industrial explosives.
4. Training contents for blasting supervisors
a) Legal provisions on the use of industrial explosives; list of industrial explosives permitted for production, trade, and use in Vietnam;
b) Safety requirements when handling industrial explosives; classification and quality inspection of industrial explosives; regulations on destruction and methods of destroying industrial explosives; requirements for packaging and labeling of industrial explosives;
c) Blasting methods; safety measures during blasting; impact of blasting on structures, environment, and people; determination of safe distances for blasting; development of blasting plans; regulations on monitoring the impact of blasting; characteristics of geographical location, terrain, geology, and cultural conditions in the blasting area;
d) Methods of preparing blasting passports or typical blasting designs and directing the construction of blast sites according to prepared blasting passports or designs;
đ) Management of industrial explosives at the blasting site;
e) Transporting industrial explosives from the warehouse to the usage site and vice versa;
g) Identification of risks and risk assessment regarding security, safety, fire prevention, and natural disasters in the use of industrial explosives.
5. Training contents for blasters
a) Legal provisions on the use of industrial explosives; list of industrial explosives permitted for production, trade, and use in Vietnam;
b) Safety requirements when handling industrial explosives; classification and quality inspection of industrial explosives; regulations on destruction and methods of destroying industrial explosives; requirements for packaging and labeling of industrial explosives;
c) Blasting methods; safety measures during blasting; impact of blasting on structures, environment, and people; safe distances for blasting; characteristics of geographical location, terrain, geology, and cultural conditions in the blasting area;
d) Conducting blasting operations: Reading and understanding the blasting passport or blasting design; storing industrial explosives at the blasting site; safety measures when making detonators, dummy charges, loading projectiles into carrier tubes (for oil and gas extraction blasting); loading explosives, primers, connecting the blasting network; handling dud explosives; blasting methods, work procedures, blasting signals, responsibilities of the blaster;
đ) Identifying risks and assessing security and safety risks in the use of industrial explosives, including fire prevention and natural disaster response;
6. Training content for personnel directly related to the production, business, and use of industrial explosives
a) Legal regulations related to the use, storage, and transportation of industrial explosives;
b) Safety requirements when handling industrial explosives;
c) Hazard signs, symbols, and markings on packaging, containers, and transport vehicles for industrial explosives;
d) Methods and measures for storing industrial explosives in warehouses, transfer locations, on transport vehicles, and at blasting sites;
đ) Identifying risks that may cause safety hazards during loading, escorting, transporting, using, and ensuring security and safety during the transportation of industrial explosives;
e) Emergency response to incidents related to the production and business of industrial explosives as stipulated in Clause 8 of this Article for personnel serving organizations and businesses producing and trading in industrial explosives;
7. Training content for personnel involved in analyzing and testing industrial explosives
a) Legal regulations on the management of industrial explosive quality; standards and technical specifications for evaluating the quality of industrial explosives;
b) Safety requirements when handling and storing industrial explosives;
c) Classification and labeling of industrial explosives; list of industrial explosives permitted for production, trade, and use in Vietnam;
d) Testing and inspection methods; safety measures when inspecting and evaluating industrial explosives; methods for destroying industrial explosives;
đ) Procedures for analyzing and testing quality evaluation indicators of industrial explosives;
e) Emergency response to incidents related to the production and business of industrial explosives as stipulated in Clause 8 of this Article for personnel involved in analyzing and testing industrial explosives in organizations and businesses producing and trading in industrial explosives;
8. Training content for emergency response in the production and business of industrial explosives
a) Categorization and methods for detecting emergencies; actions to take upon discovering an emergency situation;
b) Determining potential dangerous impacts on people, equipment, and facilities at the scene and evacuation routes; decisions necessary for evacuation;
c) Measures and methods to be implemented in case of accidents or security and safety incidents involving industrial explosives: Information for rescue and assistance calls; on-site first aid; use of rescue equipment to handle fire and explosion incidents; communication and reporting to competent authorities; mobilizing internal and external resources of the facility;
d) Methods and measures for responding to emergency situations;
đ) Investigation and assessment of causes and consequences of incidents;
e) Plan for remedying consequences and restoring operation of machinery, equipment, and structures affected by incidents.
Article 8. Organizations training industrial explosive safety techniques and emergency response in the production, business, and use of industrial explosives
1. The competent authority prescribed in Article 6 of this Decree shall be responsible for:
a) Compiling materials and organizing training for managers in accordance with the contents stipulated in Clause 1 of Article 7 of this Decree;
b) Selecting trainers in accordance with the provisions of Clause 3 of this Article;
c) Managing and monitoring the training of industrial explosive safety techniques for managers of organizations and businesses engaged in the production, business, and use of industrial explosives.
2. Organizations and businesses engaged in the production, business, and use of industrial explosives shall be responsible for:
a) Compiling materials and organizing training for the subjects prescribed in Article 5 of this Decree, except for managers, in accordance with the contents stipulated from Clause 2 to Clause 7 of Article 7 of this Decree, and in accordance with the situation of production, business, and use of industrial explosives of the organization or business;
b) Selecting trainers in accordance with the provisions of Clause 3 of this Article;
c) Requesting the competent authority prescribed in Article 6 of this Decree to train, examine, and issue certificates of industrial explosive safety technique training for managers; examining and issuing certificates of industrial explosive safety technique training for the subjects prescribed in Article 5 of this Decree, except for managers;
d) Managing and monitoring the training of industrial explosive safety techniques for the subjects prescribed in Clauses 2, 3, 4, 5, 6, and 7 of Article 5 of this Decree.
3. Trainers of industrial explosive safety techniques must have a bachelor's degree or higher in one of the majors prescribed in Clause 1 of Article 4 of this Decree and have at least five consecutive years of practical experience working in industrial explosive technology and safety or at least three consecutive years of practical experience in state management in the field of industrial explosives.
4. Training formats
a) Initial training: The subjects prescribed in Article 5 of this Decree must undergo training and obtain a certificate of industrial explosive safety technique training before engaging in activities related to the production, business, and use of industrial explosives. The training time must be at least 16 hours for the subjects prescribed in Clauses 2, 3, 4, 5, 6, and 7 of Article 5 of this Decree, and 12 hours for the subject prescribed in Clause 1 of Article 5 of this Decree;
b) Periodic training: The subjects prescribed in Article 5 of this Decree must undergo training every two years. The training time is half (1/2) the initial training time;
c) Retraining: The subjects prescribed in Article 5 of this Decree must undergo retraining when the examination results do not meet the requirements; blasting workers, direct production workers of industrial explosives who have been out of work for six months or more, or those involved in changes in production technology or methods of using industrial explosives. The training time is half (1/2) the initial training time.
Article 9. Procedures for training, examination, issuance, and reissuance of certificates of industrial explosive safety technique training
1. Training, examination, and issuance of certificates of industrial explosive safety technique training for managers
a) Application dossier for training, examination, and issuance of certificates of industrial explosive safety technique training for managers, including: Request letter according to Model No. 01 attached to this Decree; list of persons requesting training, examination, and issuance of certificates of training according to Model No. 02 attached to this Decree; two photographs (3x4 cm) of the persons listed in the request for training, examination, and issuance of certificates; copies of professional qualifications proving compliance with the provisions of Clause 1 of Article 4 of this Decree;
b) Within five working days from the date of receipt of complete and valid dossiers, the agency prescribed in Article 6 of this Decree must notify the training and examination plan to the requesting organization or business; in case the dossier is incomplete or invalid, within two working days from the date of receipt of the dossier, it must respond in writing and specify the reasons;
c) Within ten working days from the date of notification of the training and examination plan, the agency prescribed in Article 6 of this Decree must organize training and examination.
The examination content must be consistent with the training content prescribed in Article 7 of this Decree; certificates of industrial explosive safety technique training will be issued to individuals with examination scores of 6/10 points or higher;
d) Within five working days from the end of the examination, the agency prescribed in Article 6 of this Decree must issue certificates of industrial explosive safety technique training according to Model No. 03 attached to this Decree.
2. Examination and issuance of certificates of industrial explosive safety technique training for persons involved in the production, business, and use of industrial explosives, excluding managers
a) Application dossier for examination and issuance of certificates of industrial explosive safety technique training, including: Request letter according to Model No. 01 attached to this Decree; list of persons requesting examination and issuance of certificates of training according to Model No. 02 attached to this Decree; two photographs (3x4 cm) of the persons listed in the request for examination and issuance of certificates; training plan; detailed training materials suitable for each subject as prescribed in Point a Clause 2 of Article 8 of this Decree; copies of professional qualifications proving compliance with the provisions of Clauses 2 and 3 of Article 4, and Clause 3 of Article 8 of this Decree;
b) Within five working days from the date of receipt of complete and valid dossiers, the agency prescribed in Article 6 of this Decree must notify the examination plan to the requesting organization or business; in case the dossier is incomplete or invalid, within two working days from the date of receipt of the dossier, it must respond in writing and specify the reasons;
c) Within ten working days from the date of notification of the examination plan, the agency prescribed in Article 6 of this Decree must organize the examination.
The examination content must be consistent with the training content prescribed in Article 7 of this Decree; certificates of industrial explosive safety technique training will be issued to individuals with examination scores of 6/10 points or higher;
d) Within five working days from the end of the examination, the agency prescribed in Article 6 of this Decree must issue certificates of industrial explosive safety technique training according to Model No. 03 attached to this Decree.
3. Reissuing the Explosive Material Safety Technical Training Certificate
a) The Explosive Material Safety Technical Training Certificate shall be reissued in the following cases: Loss, damage, or changes to the information recorded on the training certificate.
b) The reissued Explosive Material Safety Technical Training Certificate shall have the same validity period as the previously issued training certificate.
c) The application dossier for reissuing the Explosive Material Safety Technical Training Certificate includes: A request letter according to Model No. 01 attached to this Decree; a list of applicants for reissuing the training certificate according to Model No. 02 attached to this Decree; two photographs (3x4 cm) of the persons listed in the application for reissuing the training certificate.
d) Within three working days from the date of receiving a complete and valid dossier, the agency specified in Article 6 of this Decree shall reissue the Explosive Material Safety Technical Training Certificate; if the dossier is incomplete or invalid, within two working days from the date of receipt, a written response must be provided with clear reasons.
4. The dossier prescribed in point a Clause 1, point a Clause 2, point c Clause 3 of this Article shall be submitted in one set through the National Public Service Portal, the Ministry of Industry and Trade's Administrative Procedure Information System for organizations and enterprises under the Ministry of Industry and Trade's licensing authority, the Ministry of National Defense's Administrative Procedure Information System for organizations and enterprises under the Ministry of National Defense's licensing authority, the provincial or centrally-administered city Administrative Procedure Information System where the organization or enterprise produces, trades, or uses explosive materials for organizations and enterprises under the provincial Department of Industry and Trade's licensing authority, or sent via postal service or directly submitted to the competent authority specified in Article 6 of this Decree.
5. The Explosive Material Safety Technical Training Certificate is valid for a period of two years from the date of issuance and is valid nationwide.
Chapter III
TRAINING AND ISSUANCE OF CERTIFICATES
TECHNICAL SAFETY TRAINING FOR EXPLOSIVE PRECURSOR CHEMICALS
Article 10. Persons Required to Undergo Technical Safety Training for Explosive Precursor Chemicals
1. Persons entrusted with managing warehouses or storage locations for explosive precursor chemicals must undergo technical safety training and obtain a Technical Safety Training Certificate for Explosive Precursor Chemicals.
2. In cases where persons entrusted with managing warehouses or storage locations for explosive precursor chemicals have already undergone technical safety training and obtained an Explosive Material Safety Technical Training Certificate, they are exempt from undergoing technical safety training and obtaining a Technical Safety Training Certificate for Explosive Precursor Chemicals during the validity period of the Explosive Material Safety Technical Training Certificate.
Article 11. Competent Authority for Issuing Technical Safety Training Certificates for Explosive Precursor Chemicals
1. Provincial People's Committee specialized agencies shall organize inspections and issue Technical Safety Training Certificates for the subjects under their jurisdiction, except for those specified in Clause 2 of this Article.
2. Agencies assigned by the Ministry of National Defense to conduct inspections and issue certificates shall organize inspections and issue Technical Safety Training Certificates for Explosive Precursor Chemicals for persons entrusted with managing warehouses or storage locations for explosive precursor chemicals under the Ministry of National Defense's management.
Article 12. Contents of Technical Safety Training for Explosive Precursors
1. Safety requirements when coming into contact with explosive precursors.
2. Legal regulations on the storage of explosive precursors: Requirements for warehouses; means and equipment to ensure safety, fire prevention and firefighting in warehouses storing explosive precursors; regulations on lightning protection and static electricity control in warehouses storing explosive precursors.
3. Composition, properties, classification, and quality testing and inspection requirements for explosive precursors; packaging and labeling requirements for explosive precursors.
4. Arrangement and storage of explosive precursors; safety requirements when loading, unloading, and transporting explosive precursors within the warehouse premises and on transportation vehicles.
5. Procedures for issuing, receiving, and inventorying explosive precursors.
6. Responsibilities of persons assigned to manage warehouses storing explosive precursors.
Article 13. Organization of Technical Safety Training for Explosive Precursors
1. Organizations and enterprises managing explosive precursors shall be responsible for:
a) Preparing training materials and organizing training for persons assigned to manage warehouses storing explosive precursors according to the contents stipulated in Article 12 of this Decree and in accordance with the situation of storing explosive precursors of the organization;
b) Selecting trainers in accordance with the provisions of Clause 2 of this Article;
c) Requesting competent authorities specified in Article 11 of this Decree to inspect and issue certificates of technical safety training for explosive precursors to persons assigned to manage warehouses storing explosive precursors;
d) Managing and supervising the training work for persons assigned to manage warehouses storing explosive precursors;
đ) Depending on production conditions, organizations and enterprises that store explosive precursors may combine technical safety training for explosive precursors with fire prevention, firefighting, and rescue training. The organization of fire prevention, firefighting, and rescue training must comply with legal regulations on fire prevention, firefighting, and rescue.
2. Trainers of technical safety training for explosive precursors must have a bachelor's degree or higher and at least five consecutive years of practical experience working in technical safety for explosive precursors, chemical safety, industrial explosives, or at least three consecutive years of practical experience working in state management of industrial explosives, explosive precursors, and chemicals; they must also have knowledge of legal regulations on explosive precursors.
3. Forms of training
a) Initial training: Persons specified in Clause 1 of Article 10 of this Decree must undergo training before being assigned to manage warehouses storing explosive precursors. The training duration must be at least twelve hours;
b) Periodic training: Persons specified in Clause 1 of Article 10 of this Decree must undergo training every two years. The training duration must be half (1/2) of the initial training duration;
c) Retraining: Persons specified in Clause 1 of Article 10 of this Decree must undergo retraining if their examination results do not meet the requirements. The retraining duration must be half (1/2) of the initial training duration.
Article 14. Procedures for Inspection and Issuance of Certificates of Technical Safety Training for Explosive Precursors
1. Application dossier for inspection and issuance of certificates of technical safety training for explosive precursors includes: Application form according to Model No. 01 attached to this Decree; list of persons applying for inspection and issuance of certificates of technical safety training according to Model No. 02 attached to this Decree; two photographs (3x4 cm) of persons listed in the application for inspection and issuance of certificates of technical safety training for explosive precursors; detailed training materials as stipulated in point a, Clause 1 of Article 13; copies of diplomas proving compliance with the provisions of Clause 2 of Article 13 of this Decree;
2. Within five working days from the date of receipt of complete and valid dossiers, the authority specified in Article 11 of this Decree must notify the organization of the inspection plan; in cases where the dossier is incomplete or invalid, the authority must respond in writing within two working days from the date of receipt and clearly state the reasons.
3. Within ten working days from the date of notification of the inspection plan, the authority specified in Article 11 of this Decree must organize the inspection.
The inspection content must be consistent with the training content stipulated in Article 13 of this Decree; certificates of technical safety training for explosive precursors will be issued to persons who score six out of ten points or more in the examination.
4. Within three working days from the end of the inspection, the authority specified in Article 11 of this Decree must issue certificates of technical safety training for explosive precursors according to Model No. 03 attached to this Decree.
5. Reissuing certificates of technical safety training for explosive precursors
a) Certificates of technical safety training for explosive precursors will be reissued in the following cases: Loss; damage; change of information recorded on the certificate of technical safety training;
b) Reissued certificates of technical safety training for explosive precursors will have the same validity period as the previously issued certificates;
c) Application dossier for reissuing: Application for reissuing certificates of technical safety training for explosive precursors according to Model No. 01 attached to this Decree; two photographs (3x4 cm) and list of persons reissuing certificates of technical safety training for explosive precursors;
d) Within three working days from the date of receipt of complete and valid dossiers, the authority specified in Article 11 of this Decree must reissue certificates of technical safety training for explosive precursors; in cases where the dossier is incomplete or invalid, the authority must respond in writing within two working days from the date of receipt and clearly state the reasons.
6. The file specified in Clause 1, Point c, Clause 5 of this Article shall be submitted on the National Public Service Portal, the Administrative Procedure Information System of the Ministry of National Defense for organizations and enterprises under the authority to issue training certificates of the Ministry of National Defense, the Administrative Procedure Information System of the province or centrally governed city where the organization or enterprise produces, operates, or uses explosives precursors, or sent through postal service, or directly submitted to the competent authority prescribed in Article 11 of this Decree.
7. The certificate of explosives precursor technical safety training shall be valid for a period of two years from the date of issuance and shall be effective nationwide.
Chapter IV
MANAGEMENT, STORAGE OF INDUSTRIAL EXPLOSIVES MATERIALS,
EXPLOSIVES PRECURSORS AND LICENSE REVOCATION,
CERTIFICATE ON MANAGEMENT AND USE OF INDUSTRIAL EXPLOSIVES MATERIALS
AND EXPLOSIVES PRECURSORS
Article 15. Management and storage of industrial explosives materials
1. Industrial explosives materials stored on transportation means, transfer locations, and at blasting areas must ensure conditions related to security, order, safety, fire prevention, firefighting, and rescue operations as stipulated in technical standards, national standards, and relevant regulatory documents.
2. An industrial explosives material warehouse must meet requirements concerning construction, security, order, safety, fire prevention, firefighting, and rescue operations, lightning protection, static electricity control, and environmental protection as stipulated in technical standards, national standards, and relevant regulatory documents.
3. Only organizations and enterprises permitted to produce, operate, use industrial explosives materials, and blasting services may use and manage industrial explosives material warehouses. Investment, construction, expansion, and renovation of industrial explosives material storage facilities must comply with legal regulations on investment and construction, quality management of works, technical standards, and related legal provisions.
4. Organizations and enterprises using industrial explosives material warehouses must implement the following:
a) Establish and promulgate internal rules and regulations ensuring security, order, safety, fire prevention, and firefighting for the industrial explosives material warehouse;
b) Arrange security forces and organize 24-hour daily guarding, inspecting, and controlling conditions ensuring security, safety, fire prevention, firefighting, and rescue operations for persons, vehicles entering and exiting, and working within the industrial explosives material warehouse area;
c) Display warning signs, instructions related to safety, fire prevention, and firefighting;
d) Develop and post procedures for arranging, storing, exporting, and importing industrial explosives materials in the warehouse, classifying industrial explosives materials that do not meet quality requirements according to regulations;
đ) Identify safety risks and assess risks related to the industrial explosives material warehouse;
e) Develop emergency response plans; firefighting and rescue plans; security and order assurance plans, and preventive and response measures for chemical accidents as prescribed;
g) Equip fully with fire prevention, firefighting, and rescue equipment as prescribed by laws on fire prevention, firefighting, and rescue operations.
Article 16. Management and Storage of Explosive Precursors
1. Explosive precursors must be stored at locations and sites that meet requirements for security, public order, safety, fire prevention and firefighting, and environmental protection as stipulated in technical regulations, national standards, and relevant regulatory legal documents.
2. Explosive precursor storage facilities must comply with requirements for construction, security, public order, safety, fire prevention, firefighting, rescue operations, lightning protection, static electricity control, and environmental protection as stipulated in technical regulations, national standards, and relevant regulatory legal documents.
3. Organizations and enterprises using explosive precursor storage facilities must
a) Develop and promulgate internal rules and regulations to ensure security, public order, safety, fire prevention, and firefighting for explosive precursor storage facilities;
b) Deploy security forces and organize 24-hour surveillance daily, inspect and control conditions ensuring security, safety, fire prevention, firefighting, and rescue operations for people, vehicles entering and exiting, and working within the explosive precursor storage facility area;
c) Display warning signs, notices, and instructions related to safety work, fire prevention, firefighting, and rescue operations;
d) Develop and post procedures for arranging, storing, exporting, and importing within the warehouse, classifying explosive precursors that do not meet quality standards according to regulations;
đ) Not store explosive precursors together with chemicals that can react with each other or have different firefighting measures;
e) Identify safety risks and assess risks related to explosive precursor storage facilities;
g) Develop plans or preventive measures for chemical incidents; firefighting plans; security and public order assurance plans in accordance with the law;
h) Equip with complete firefighting, rescue equipment and devices in accordance with the law on fire prevention, firefighting, and rescue operations.
Article 17. Procedures for Revoking Permits and Certificates for the Management and Use of Industrial Explosives and Explosive Precursors
Permits and certificates for the management and use of industrial explosives and explosive precursors issued to organizations and enterprises shall be revoked in accordance with Clause 5, Article 9 of the Law on the Management and Use of Weapons, Explosives, and Auxiliary Tools, as follows:
1. The issuing authority for permits and certificates for the management and use of industrial explosives and explosive precursors is the competent authority responsible for revoking permits and certificates for the management and use of industrial explosives and explosive precursors issued to individuals, organizations, and enterprises.
2. In cases where organizations and enterprises submit applications for revocation in accordance with Clause 1, Article 10 of the Law on the Management and Use of Weapons, Explosives, and Auxiliary Tools, within three working days from the date of receipt of the application, the competent authority for revocation shall issue a Decision to revoke the permit or certificate in accordance with Form No. 05 attached to this Decree.
3. Within thirty days from the date when the circumstances specified in Clause 5, Article 9 of the Law on the Management and Use of Weapons, Explosives, and Auxiliary Tools arise, if organizations and enterprises do not submit applications for revocation in accordance with Clause 1, Article 10 of the Law on the Management and Use of Weapons, Explosives, and Auxiliary Tools, the competent authority for revocation shall conduct inspections, prepare records, organize the revocation, and destroy permits and certificates through appropriate methods.
Chapter V
IMPLEMENTING PROVISIONS
Article 18. Responsibility for Implementation
1. Responsibilities of the Ministry of Industry and Trade
a) Lead and guide the implementation of legal provisions in the management and use of industrial explosives and explosive precursors;
b) Train, inspect, and issue, reissue technical safety training certificates for industrial explosives under its management authority;
c) Aggregate and compile statistics on the implementation of the management and use of industrial explosives and explosive precursors nationwide, report to the Government on the situation of the management and use of industrial explosives and explosive precursors across the country as prescribed;
d) Implement international cooperation in the management and use of industrial explosives and explosive precursors;
đ) Inspect, check, handle complaints and denunciations, and administratively deal with violations related to the management and use of industrial explosives and explosive precursors.
2. Responsibilities of the Ministry of Public Security
a) Organize inspections, issue certificates confirming compliance with security and public order conditions; review, inspect, and accept fire prevention and firefighting for warehouses and specialized transportation means for industrial explosives and explosive precursors for organizations engaged in industrial explosives and explosive precursors activities; inspect and issue transportation permits for industrial explosives and explosive precursors for organizations not under the management authority of the Ministry of National Defense;
b) Inspect and check the implementation of regulations on security and public order, transportation, fire prevention, firefighting, and rescue operations for organizations and individuals participating in industrial explosives and explosive precursors activities under the management authority of the Ministry of Public Security.
3. Responsibilities of the Ministry of National Defense
a) Train, inspect, and issue, reissue technical safety training certificates for industrial explosives and explosive precursors for subjects under its management authority as stipulated in this Decree;
b) Inspect, check, handle complaints and denunciations, and deal with violations related to the management and use of industrial explosives and explosive precursors under the management authority of the Ministry of National Defense.
4. Responsibilities of People's Committees at all levels
a) Direct agencies entrusted with issuing, reissuing, and adjusting permits for the use of industrial explosives to organize training, inspect, and issue technical safety training certificates for industrial explosives and explosive precursors for subjects under their management authority as stipulated in this Decree;
b) Inspect, check, handle complaints and denunciations, and administratively deal with violations related to the management and use of industrial explosives and explosive precursors in localities.
Article 19. Effective Date
1. This Decree takes effect from January 1, 2025.
2. Repeal 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 Auxiliary Tools regarding industrial explosives and explosive precursors; Chapter III of Decree No. 77/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain regulations on business conditions in the field of international trade in goods, chemicals, industrial explosives, fertilizers, gas business, food business under the Ministry of Industry and Trade's jurisdiction; Chapter VII of Decree No. 08/2018/NĐ-CP dated January 15, 2018 of the Government amending certain Decrees related to business conditions under the Ministry of Industry and Trade's jurisdiction.
Article 20. Transitional Provisions
1. Certificates of technical safety training for industrial explosives and explosive precursors issued before the effective date of this Decree and still valid shall continue to be used until their expiration date as stated on the certificate.
2. Applications for training, examination, issuance, and reissuance of certificates of technical safety training for industrial explosives and explosive precursors submitted before January 1, 2025, which have not been resolved or are being processed on the effective date of this Decree, shall continue to be processed according to the provisions of Decree No. 71/2018/NĐ-CP.
PRIME MINISTER
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