Circular No. 195/2019/TT-BQP detailing certain provisions and measures to implement Decree No. 18/2019/NĐ-CP dated February 1, 2019 of the Government on management and implementation of activities to mitigate the consequences of unexploded ordnance after war.

CIRCULAR

Detailed regulations on certain provisions and implementation measures of Decree No. 18/2019/NĐ-CP dated February 1, 2019 of the Government on management and implementation of activities to mitigate the consequences of bombs and explosive remnants of war

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Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 18/2019/NĐ-CP dated February 1, 2019 of the Government on management and implementation of activities to address the consequences of unexploded ordnance after war;

At the proposal of the Commander of the Engineering Corps;

The Minister of National Defense issues this Circular detailing certain provisions and implementation measures of Decree No. 18/2019/NĐ-CP dated February 1, 2019 of the Government on management and implementation of activities to mitigate the consequences of bombs and explosive remnants of war.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details certain provisions and implementation measures of Decree No. 18/2019/NĐ-CP dated February 1, 2019 of the Government on management and implementation of activities to mitigate the consequences of bombs and explosive remnants of war (hereinafter referred to as Decree No. 18/2019/NĐ-CP), including:

1. Work on establishing, reviewing, approving programs, plans, projects, items, tasks, and technical construction schemes, budgets for investigation, survey, clearance of unexploded ordnance after war.

2. Work on investigation, survey, clearance of unexploded ordnance and collection, transportation, destruction of unexploded ordnance after war.

3. Work on quality management, safety management, and information management in addressing the consequences of unexploded ordnance after war.

4. Work on training, instruction, and issuance of certificates of competence for investigation, survey, clearance of unexploded ordnance.

5. International cooperation and management of activities to address the consequences of unexploded ordnance after war in Vietnam.

Article 2. Applicability

1. Domestic agencies, organizations, and individuals related to activities to address the consequences of unexploded ordnance after war.

2. Foreign organizations and individuals permitted under the law to engage in activities to address the consequences of unexploded ordnance after war on the territory of the Socialist Republic of Vietnam.

Article 3. Classification of projects, items, and tasks to address the consequences of unexploded ordnance after war

Projects, items, and tasks to address the consequences of unexploded ordnance after war are classified as follows:

1. Group I

a) Projects, items, and tasks to address the consequences of unexploded ordnance after war that are particularly significant;

b) Projects, items, and tasks to address the consequences of unexploded ordnance at areas where the total area requiring investigation, survey, clearance of unexploded ordnance exceeds 500 hectares;

c) Projects, items, and tasks to investigate, survey, clear unexploded ordnance underwater in places with water depth greater than 30 meters.

2. Group II

a) Projects, items, and tasks to address the consequences of unexploded ordnance at areas where the total area requiring investigation, survey, clearance of unexploded ordnance ranges from 30 to 500 hectares;

b) Projects, items, and tasks to investigate, survey, clear unexploded ordnance underwater in places with water depth up to 30 meters.

3. Group III

Projects, items, and tasks to address the consequences of unexploded ordnance not specified in Clause 1 and Clause 2 of this Article.

Chapter II

PROCEDURES FOR ESTABLISHING, REVIEWING, APPROVING PROGRAMS, PLANS, PROJECTS, ITEMS, TASKS AND TECHNICAL CONSTRUCTION SCHEMES, BUDGETS FOR INVESTIGATION, SURVEY, CLEARANCE OF UNEXPLODED ORDNANCE AFTER WAR

Section 1

PROCEDURES AND REQUIREMENTS FOR THE PREPARATION, REVIEW, AND APPROVAL OF PROGRAMS AND PLANS TO MITIGATE THE CONSEQUENCES OF BOMBS AND EXPLOSIVE REMNANTS OF WAR

Article 4. Procedure for the preparation, review, and approval of national programs and plans to mitigate the aftermath of unexploded ordnance

1. Preparation of national programs and plans to mitigate the aftermath of unexploded ordnance

2. Documents for the review of national programs and plans

a) Proposal to the Prime Minister;

b) Draft program and plan to mitigate the aftermath of unexploded ordnance;

c) Summary and explanation of opinions from organizations and individuals;

d) Other relevant documents and materials.

3. Approval process

b) Documents for submission for approval include those specified in Clause 2 of this Article and a report explaining the incorporation of review comments;

c) Deadline for submission for approval: Before August 15 of the final year for the program to mitigate the aftermath of unexploded ordnance; before August 15 annually for the plan to mitigate the aftermath of unexploded ordnance.

Article 5. Procedure for the preparation, review, and approval of provincial and centrally governed city programs and plans to mitigate the aftermath of unexploded ordnance

1. Preparation of provincial and centrally governed city programs and plans to mitigate the aftermath of unexploded ordnance

b) The duration of the provincial program to mitigate the consequences of bombs and explosive remnants of war shall be consistent with the duration of the national program to mitigate the consequences of bombs and explosive remnants of war. The duration of the provincial plan to mitigate the consequences of bombs and explosive remnants of war shall be consistent with the plan for the development of the provincial economy and society.

2. Review of provincial programs and plans

a) VNMAC is responsible for assisting the Ministry of National Defense in reviewing provincial programs and plans to mitigate the aftermath of unexploded ordnance;

b) The review dossier shall include:

- Proposal for issuing the program and plan;

- Draft program and plan to mitigate the consequences of bombs and explosive remnants of war;

- Summary and explanation of opinions from organizations and individuals;

- Other relevant documents and materials.

c) Content of the review;

- The necessity of the program and plan to serve the implementation of strategic goals and development plans for the economy and society;

- Objectives, scope, and scale of the program and plan; consistency with the criteria set for national-level programs and plans;

- Total financial requirements and resources for implementing the program and plan, including the project list according to the law (including new projects, ongoing projects, and planned projects) or other investment objects, and the ability to balance resources for implementation;

- Implementation schedule consistent with the ability to mobilize resources;

- Preliminary analysis and assessment of environmental, social impacts, and economic and social investment effectiveness of the program and plan;

- Organizational implementation solutions.

d) The review report must fully evaluate the contents stipulated in Point c of this Clause and be sent to the locality within thirty days from the date of receiving complete documents.

3. Approval process

a) The agency tasked with preparing the provincial program and plan shall be responsible for leading, in coordination with relevant agencies and units, to study, incorporate, and explain comments from the review process to perfect the provincial program and plan to mitigate the consequences of bombs and explosive remnants of war, and submit it to the provincial People's Committee for approval.

b) The dossier for submission for approval shall include the documents stipulated in Clause 2 of this Article and a report explaining the incorporation of review comments.

c) Deadline for submission for approval: Before August 15 of the final year for the program to mitigate the aftermath of unexploded ordnance; before August 15 annually for the plan to mitigate the aftermath of unexploded ordnance.

Article 6. Evaluation and adjustment of programs and plans to address the consequences of explosive remnants of war

1. Programs and plans to address the consequences of explosive remnants of war must be periodically evaluated to promptly adjust them to suit the socio-economic development situation at each stage.

The evaluation period for the national program and plan to mitigate the consequences of bombs and explosive remnants of war is three years, and an interim evaluation is conducted for the provincial program and plan to mitigate the consequences of bombs and explosive remnants of war.

2. Programs and plans to address the consequences of explosive remnants of war shall be adjusted in cases where there are changes in:

a) Key indicators of national and local socio-economic development plans;

b) Regulations on natural resource protection and environmental protection;

c) Land use planning and plans;

d) National defense and security strategies;

e) Resources.

3. The agency preparing the program and plan to mitigate the consequences of bombs and explosive remnants of war shall be responsible for organizing evaluations, reporting to the competent authority for approval to adjust according to the procedures and requirements stipulated in Articles 4 and 5 of this Circular.

Section 2

PREPARATION, REVIEW, AND APPROVAL OF PROJECTS, ITEMS, TASKS, AND TECHNICAL IMPLEMENTATION SCHEMES, SURVEY, INVESTIGATION, AND CLEARANCE OF BOMBS AND EXPLOSIVE REMNANTS OF WAR

ESTIMATES FOR SURVEY, INVESTIGATION, AND CLEARANCE OF BOMBS AND EXPLOSIVE REMNANTS OF WAR

Article 7. Establishment, review, and approval of projects, items, tasks for investigation, survey, clearance of explosive remnants of war

1. Establishment of projects and tasks for investigation, survey, clearance of explosive remnants of war after the war using state budget funds

a) The procedures and requirements for preparing projects, tasks for survey, investigation, and clearance of bombs and explosive remnants of war using state budget funds shall be carried out in accordance with the Law on Investment, the Law on Public Investment, and related legal documents;

- Prepare technical implementation schemes and estimates for survey, investigation, and clearance projects and tasks according to Standard TCVN 10299-4:2014 and Article 8 of this Circular, to be submitted to the Ministry of National Defense for review and approval by the investor;

- Conduct surveys and investigations of bombs and explosive remnants of war;

- Prepare projects and tasks for clearance of bombs and explosive remnants of war and technical implementation schemes and estimates according to Article 8 of this Circular, to be submitted to the competent authority for approval;

- To build and propose internal quality management procedures for projects, items, tasks for investigation, survey, and clearance of explosive remnants of war.

2. For items involving survey, investigation, and clearance of bombs and explosive remnants of war within investment projects using state budget funds, the investor shall base on the investment cost, budget estimate issued by the Ministry of National Defense, and the unit price as prescribed to prepare technical implementation schemes and estimates for survey, investigation, and clearance of bombs and explosive remnants of war according to Article 8 of this Circular.

3. Procedures and formalities for reviewing and approving projects, items, and tasks to address the consequences of explosive remnants of war within the jurisdiction of the Ministry of National Defense

- Investment policies for projects, items, and tasks for investigation, survey, and clearance of explosive remnants of war where the agencies and units under the Ministry of National Defense are the project owners.

- Projects, items, and tasks to mitigate the consequences of bombs and explosive remnants of war belonging to Group I and II as stipulated in Clause 1 and 2 of Article 3 of this Circular, which fall within the decision-making authority of the Minister of National Defense.

b) The Ministry of National Defense shall delegate agencies and units under its jurisdiction to review and approve projects, items, and tasks to mitigate the consequences of bombs and explosive remnants of war belonging to Group III as stipulated in Clause 3 of Article 3 of this Circular according to the prescribed regulations.

4. Procedures and formalities for establishing projects and investigation, survey, and clearance items using other sources of funding shall be implemented in accordance with the law and the proposals of the project owner.

a) Periodically, the Ministry of National Defense shall announce the investment cost for relevant agencies, organizations, and individuals to apply in determining costs for preparing projects, items, and tasks for survey, investigation, and clearance of bombs and explosive remnants of war;

b) The Department of Planning and Investment of the Ministry of National Defense shall take the lead, in coordination with relevant agencies, to develop the investment cost scheme for survey, investigation, and clearance of bombs and explosive remnants of war and report to the Ministry of National Defense for announcement;

c) The investor shall base on the investment cost announced by the Ministry of National Defense or the costs of survey, investigation, and clearance of bombs and explosive remnants of war from similar projects, items, and tasks to determine the total investment amount appropriately.

Article 8. Technical Construction Plan, Survey, Detection, and Clearance of Explosive Remnants Budget

2. Contents of the technical construction plan for investigation, survey, detection, and clearance of explosive remnants include:

a) Current status of the area, area size, degree of contamination by explosive remnants, and related documents for determining suspected contaminated areas;

b) Layout diagram of the construction area;

d) Technical drawings and diagrams showing technical solutions for works requiring special design (deep excavation pits, temporary support, additional equipment to be manufactured, floating stations, temporary buildings);

e) For the technical construction plan of projects, items, and tasks of explosive remnants clearance, there must be results of explosive remnants investigation and survey attached.

a) Using state budget funds

- Material costs; - Labor costs implemented in accordance with Clause 2 Article 18 Decree No. 18/2019/NĐ-CP and current regulations;

- Costs for investigation, survey, and clearance of explosive ordnance machinery and equipment implemented in accordance with the budget norms issued by the Ministry of National Defense and current unit prices;

- Common costs and other costs calculated as a percentage (%) in accordance with current regulations;

- Tax, fee, and other costs implemented in accordance with the provisions of the law.

b) Using enterprise, organization, individual domestic capital, foreign investor capital, and other lawful sources in accordance with the provisions of the law

- Material costs, labor costs, investigation, survey, and clearance of explosive ordnance machinery and equipment costs are calculated based on agreement. It is encouraged to apply the norms issued by the Ministry of National Defense;

- Tax, fee, and other costs implemented in accordance with the provisions of the law.

Article 9. Review and Approval of the Technical Construction Plan, Survey, Detection, and Clearance of Explosive Remnants Budget

1. Review documentation includes:

a) Proposal for approval of the technical construction plan, survey, detection, and clearance of explosive remnants budget and request for review in Form No. 01 Appendix II issued together with this Circular;

b) The technical construction plan, survey, detection, and clearance of explosive remnants budget in Form No. 02 Appendix II issued together with this Circular;

c) Explanation of the survey, detection, and clearance of explosive remnants budget in Form No. 03 Appendix II issued together with this Circular;

d) Other related documents.

2. Responsibilities for Review

c) VNMAC shall review the construction technical plan, investigation, survey, and clearance of explosive ordnance budget estimate for projects and components to address the consequences of explosive ordnance as stipulated in Clause 2 Article 14 Decree No. 18/2019/NĐ-CP.

3. Content of Review

a) The suitability of the technical construction plan, survey, detection, and clearance of explosive remnants budget compared to the objectives and tasks of the project, item, or task;

b) The suitability of technical solutions, equipment, and manpower compared to the degree of contamination by explosive remnants and construction conditions, construction volume;

c) Compliance with technical standards, technical regulations, and technical procedures;

đ) Consistency between the main volume of the budget estimate and the design volume; correctness and rationality of applying and utilizing norms and unit prices; determination of the budget estimate value.

The time limit for reviewing the construction technical plan, investigation, survey, and clearance of explosive ordnance budget estimate for projects, components, and tasks of investigation, survey, and clearance of explosive ordnance from the date of receiving complete legal documents is as follows:

a) Not exceeding thirty (30) days for projects, components, and tasks of investigation, survey, and clearance of explosive ordnance belonging to Group I as stipulated in Clause 1 Article 3 of this Circular;

b) Not exceeding twenty (20) days for projects, components, and tasks of investigation, survey, and clearance of explosive ordnance belonging to Group II as stipulated in Clause 2 Article 3 of this Circular;

c) Not exceeding ten (10) days for projects, components, and tasks of investigation, survey, and clearance of explosive ordnance belonging to Group III as stipulated in Clause 3 Article 3 of this Circular.

5. The investment decision maker, project proponent bases on the results of the review of the construction technical plan, investigation, survey, and clearance of explosive ordnance budget estimate by the reviewing agency as stipulated in Clause 2 of this Article, approves the construction technical plan, budget estimate for projects, components, and tasks of investigation, survey, and clearance of explosive ordnance.

Chapter III

Article 10. Organizations, units, and individuals participating in activities related to investigation, survey, consulting, supervision, clearance of unexploded ordnance

Article 11. Competence to assign tasks and procedures for investigation, survey, and clearance of unexploded ordnance

1. Organizations and units participating in investigation, survey, consulting, supervision, and clearance of explosive ordnance must have establishment decisions from competent state agencies or valid operating permits in Vietnam and be certified according to regulations. Consulting and supervising organizations may not simultaneously perform explosive ordnance clearance in the same project, component, or task.

2. Individuals who are Vietnamese citizens or foreigners permitted to reside and work in Vietnam directly handling explosive ordnance, ammunition, and other types of explosives must be trained and certified in specialized investigation, survey, and clearance of explosive ordnance (this provision does not apply to individuals in specialized units when performing national defense and security duties).

Article 11. Competence to assign tasks and procedures for investigation, survey, and clearance of bombs and explosive devices

a) The Ministry of National Defense assigns tasks to organizations and units for investigation, survey, and clearance of explosive ordnance for projects, components, and tasks belonging to Group I, II as stipulated in Clause 1, 2 Article 3 of this Circular and assigns tasks to subordinate organizations and units for investigation, survey, and clearance of explosive ordnance for projects, components, and tasks belonging to Group III as stipulated in Clause 3 Article 3 of this Circular;

2. Competence to assign tasks for investigation, survey, and clearance of unexploded ordnance by other organizations and units shall be implemented according to relevant laws.

3. Procedures for investigation, survey, and clearance of unexploded ordnance

a) Prepare a construction plan to be approved by the competent authority;

c) Organize investigation, survey, clearance, collection, transportation, and destruction of unexploded ordnance in accordance with the plan, scheme, and legal regulations;

Article 12. Procedures for collecting, transporting, and destroying explosives discovered during investigation, survey, and clearance operations, and responsibilities of relevant agencies and organizations

1. Explosives discovered during investigation, survey, and clearance operations are highly dangerous types that must be strictly managed and destroyed during implementation.

3. Responsibilities of organizations and units conducting investigation, survey, and clearance operations

b) Collect other types of explosive devices to temporary storage locations at the site;

c) Inventory quantities and types, and develop plans for collection, transportation, and destruction to submit for approval by the Provincial Military Command;

d) Organize destruction and record the destruction of explosive devices according to the approved plan;

đ) Prepare reports on destruction to submit to the project sponsor and the local military authority.

4. Responsibilities of local military authorities

b) Provincial Military Commands

- Approve plans for collection, transportation, and destruction of explosives obtained during investigation, survey, and clearance operations conducted by organizations and units;

- Periodically inspect the quantity, types, storage conditions of explosive remnants of war at the site of organizations and units conducting investigations, surveys, and clearance of explosive remnants of war.

c) In cases where the Provincial Military Command has sufficient capacity and the investor requests it, they may directly collect, transport, and destroy explosive remnants of war handed over by organizations and units conducting investigations, surveys, and clearance of explosive remnants of war at the site.

Article 13. Funding for Collection, Transportation, and Destruction of Explosives Post-War

The funds collected from the collection, transportation, and destruction of explosive remnants of war during the investigation, survey, and clearance process shall be used from the project budget, sub-project, or mission budget for the investigation, survey, and clearance of explosive remnants of war that have been approved.

Chapter IV

QUALITY MANAGEMENT, SAFETY MANAGEMENT AND INFORMATION MANAGEMENT

Section 1

QUALITY MANAGEMENT

Article 14. Content of Quality Management

1. Quality management of investigation, survey, and clearance operations involves compliance with established procedures and regulations and oversight by authorized agencies and organizations.

2. Content of quality management

a) Selection of contractors, selection of procedures;

b) Investigation, survey;

c) Preparation and review of technical construction plans;

d) Inspection of construction conditions;

đ) Monitoring and supervision;

e) Remediation and resolution;

g) Inspection and acceptance;

h) Evaluation and improvement.

Article 15. Quality Management Responsibility

1. The project sponsor shall be responsible for establishing a quality management system (hereinafter referred to as QMS) and implementing QMS for projects, components, investigation, survey, and clearance of explosive remnants of war.

2. Organizations and units conducting investigations, surveys, and clearance of explosive remnants of war are responsible for establishing internal quality management systems to ensure quality and warranty for projects, sub-projects, and missions related to the investigation, survey, and clearance of explosive remnants of war; they are also responsible for complying with inspections, audits, and supervision of quality by competent state agencies.

3. Local military authorities are responsible for closely coordinating with investors to implement administrative management regulations, inspection activities for units and organizations conducting investigations, surveys, and clearance of explosive remnants of war in the locality; organizing supervision of the collection, transportation, and destruction processes, and confirming the quantity and types of explosive remnants of war before destruction.

4. VNMAC shall carry out quality management of post-war projects, sub-projects, and missions related to the investigation, survey, and clearance of explosive remnants of war using foreign capital, international aid, and programs, projects, and tasks under the National Action Program to address the consequences of explosive remnants of war.

Article 16. Application of Standards and Procedures in Quality Management

2. Projects, components, and tasks of investigation, survey, and clearance of explosive remnants of war funded by the state budget must apply the QMS procedures issued by the Ministry of Defense.

3. Competent agencies of the Ministry of Defense shall carry out quality management work according to the following contents:

a) Quality inspection and audit work;

b) Investigation and handling of incidents and violations in addressing the consequences of explosive remnants of war;

c) Inspection work of equipment for investigation, survey, clearance, and handling of explosive remnants of war;

d) Collection, transportation, and destruction of explosive remnants of war discovered during investigation, survey, and clearance operations.

Section 2

SAFETY MANAGEMENT

Article 17. Content of Safety Management in Investigation, Survey, and Clearance of Explosive Remnants of War

1. Safety management is the activity of agencies and organizations responsible for preventing or mitigating situations leading to safety risks for people, equipment, and facilities during the investigation, survey, and clearance of explosive remnants of war.

2. The project sponsor and organizations and units conducting investigations, surveys, and clearance of explosive remnants of war must comply with the safety contents stipulated in the following national technical standards:

a) National Technical Regulation QCVN 02:2008/BCT on the transportation, storage, use, and destruction of industrial explosives issued together with Decision No. 51/2008/QĐ-BCT dated December 30, 2008, by the Minister of Industry and Trade;

b) National Technical Regulation QCVN 0T2012/BQP on the clearance of explosive remnants of war issued together with Circular No. 121/2012/TT-BQP dated November 12, 2012, by the Minister of National Defense;

c) National Technical Regulation QCVN 02:2016/BQP on the incineration of propellant ammunition issued together with Circular No. 109/2016/TT-BQP dated August 5, 2016, by the Minister of National Defense.

Article 18. Responsibilities in managing safety for investigation, survey, and clearance of explosive remnants of war

1. The project owner, organizations, and units conducting investigations, surveys, and clearance of explosive remnants of war

b) Organize guidance, dissemination, and training on labor safety regulations for employees and related individuals;

c) Ensure adequate personal protective equipment and labor safety equipment for employees and related individuals when working on-site;

d) Arrange staff to handle labor safety and hygiene work. Personnel responsible for labor safety must hold a professional qualification certificate as prescribed by law;

đ) Organize, guide, and compile lists of inspection teams, visitors, and individuals entering and exiting the construction site;

e) Organize supervision and monitoring of labor safety work on the construction site. When a safety incident or explosive remnants of war accident occurs, construction must be temporarily suspended or halted until the issue is resolved before resuming.

2. State management agencies responsible for addressing the consequences of explosive remnants of war and relevant agencies

a) Are responsible for regularly or randomly inspecting labor safety management work on the construction site of investors and organizations and units conducting investigations, surveys, and clearance of explosive remnants of war according to the management hierarchy.

Section 3

INFORMATION MANAGEMENT

Article 19. Management and utilization of information on addressing the consequences of explosive remnants of war after the war

1. Information management involves the collection, processing, analysis, storage, and utilization of information and data related to post-war explosive remnants of war clearance activities to serve economic and social development and the safety of the people.

2. Users of information and data on post-war explosive remnants of war clearance activities include state agencies, investors, domestic and international organizations with the need to use such information for management and implementation of post-war explosive remnants of war clearance activities in Vietnam.

Article 20. Responsibilities for managing information on addressing the consequences of explosive remnants of war after the war

1. All organizations and individuals participating in post-war explosive remnants of war clearance activities are responsible for collecting and providing the types of information specified in Clause 2 of Article 31 of Decree No. 18/2019/NĐ-CP to the local authorities where the activities take place and VNMAC on a regular basis and when requested.

2. The provincial-level military authority or provincial-level agency responsible for clearing explosive remnants of war is the focal point for collecting, storing, and providing data and information on explosive remnants of war clearance within its jurisdiction and is responsible for:

a) Establishing and announcing addresses for receiving information on addressing the consequences of explosive remnants of war within their jurisdiction;

b) Checking and verifying information;

c) Collecting, processing, and storing information within their jurisdiction, building databases on addressing the consequences of explosive remnants of war at the local level;

d) Provide information on the consequences of unexploded ordnance and explosive remnants of war for users upon request from local authorities and competent authorities as stipulated in this Circular and regulations on state secrets protection.

3. VNMAC shall be responsible for building and managing the national database on activities addressing the consequences of explosive remnants of war after the war and shall undertake the following tasks:

a) Build, store, process, integrate data sources on the consequences of unexploded ordnance and explosive remnants of war; compile and provide information on post-war unexploded ordnance and explosive remnants of war consequences; information about organizations and units certified to use such information in accordance with the regulations.

b) Implementing management to ensure conditions for collecting, storing information on addressing the consequences of explosive remnants of war nationwide smoothly, effectively, and of high quality;

c) Studying, proposing, and implementing appropriate technical and technological measures for managing, backing up, and securing information on addressing the consequences of explosive remnants of war;

đ) Compiling data, preparing annual national reports on the situation of addressing the consequences of explosive remnants of war after the war.

4. The General Director of VNMAC shall specify the scope, content, and nature of information on addressing the consequences of explosive remnants of war after the war that may be provided and accessed by information users.

Article 21. Database on Post-War Explosive Remnants Information for Mitigation

1. The post-war unexploded ordnance and explosive remnants of war information database in Vietnam (hereinafter referred to as the unexploded ordnance database) is a system of information on unexploded ordnance consequences as prescribed in Clause 2 Article 31 Decree 18/2019/NĐ-CP digitized in Vietnamese and English, built uniformly, and used nationwide.

2. The unexploded ordnance database is integrated and updated from various data sources on unexploded ordnance and explosive remnants of war consequences of provinces, cities, ministries, sectors, agencies, organizations, and units operating in the field of unexploded ordnance consequences both domestically and internationally.

3. The unexploded ordnance database is managed by specialized software capable of integrating and sharing information and conforming to international standards on unexploded ordnance consequences, and access and management rights are classified to provincial level and users.

4. The explosive remnants database is the official source of information on activities to mitigate the consequences of explosive remnants after the war in Vietnam.

5. VNMAC shall manage the explosive remnants database as follows:

a) Issuing and revoking administrative accounts and access accounts.

b) Determining the scope, level, and duration of permitted access.

6. Funding for the construction, management, maintenance, and updating of the explosive remnants database is guaranteed from the state budget and other legitimate funding sources as prescribed by law.

1. Organizations and units dealing with unexploded ordnance and explosive remnants of war consequences shall submit reports to the provincial-level local military agency where activities are carried out, the Engineering Corps Command, and VNMAC before the 15th day of the last month of each quarter in writing and via email according to the model specified in Clause 10 of Technical Standard TCVN 10299-10:2014 issued by Decision No. 441/QĐ-BKHCN dated March 17, 2014 of the Ministry of Science and Technology.

2. Provincial-level local military agencies shall submit reports on unexploded ordnance and explosive remnants of war consequences to VNMAC, Military Region Command, and Engineering Corps Command before June 25 and December 25 annually as follows:

a) Results of implementing projects, items, tasks of surveying, detecting, and clearing unexploded ordnance and explosive remnants of war at the local level according to Model No. 01 Appendix III issued together with this Circular;

b) Information on accidents and incidents caused by unexploded ordnance and explosive remnants of war according to Model No. 02 Appendix III issued together with this Circular;

c) Information on residual unexploded ordnance and explosive remnants of war areas after clearance according to Model No. 03 Appendix III issued together with this Circular;

d) Information on suspected contaminated areas according to Model No. 04 Appendix III issued together with this Circular;

đ) Information on confirmed contaminated areas according to Model No. 05 Appendix III issued together with this Circular.

Article 23. Methods for Providing Information on Mitigating the Consequences of Explosive Ordnance

1. Methods for Providing Information on Mitigating the Consequences of Explosive Ordnance

a) Through domestic and international conferences and seminars on mitigating the consequences of explosive ordnance;

b) Reports and press releases from relevant levels, sectors, agencies, and units with authority;

c) Information on the government’s website and VNMAC’s website;

d) Through publications and printed materials;

đ) Other forms of information activities as prescribed by law,

2. Organizations and units dealing with post-war unexploded ordnance and explosive remnants of war consequences in Vietnam have the right to be provided with information, to connect and use the national unexploded ordnance consequences information database when complying with the update, reporting, and sharing information regimes as prescribed.

Article 24. Use of Information on Mitigating the Consequences of Explosive Ordnance After Wars

2. Information on post-war unexploded ordnance and explosive remnants of war consequences can be widely used except for documents under Point c Clause 2 Article 31 Decree 18/2019/NĐ-CP, documents listed in the restricted use information directory, and confidential documents as prescribed by law.

2. Users of information on unexploded ordnance and explosive remnants of war consequences must have a National Identity Card, Citizen Identification Card, or Passport; in cases used for work purposes, they must have an introduction letter or a request letter from their workplace agency or organization.

3. Prohibited acts in using information on mitigating the consequences of explosive ordnance

a) Seizing, damaging, losing, or destroying information illegally;

b) Forging, altering, or distorting the content of information;

c) Illegally selling or transferring information;

d) Using information for purposes that infringe upon national interests, rights, and legitimate benefits of agencies, organizations, and individuals.

Chapter V

TRAINING, INSTRUCTION AND ISSUANCE OF CERTIFICATES FOR INVESTIGATION, SURVEYING, AND CLEARING UNEXPLODED ORDNANCE AND EXPLOSIVE REMNANTS OF WAR

Article 25. Professional Qualifications for Activities of Investigation, Survey, and Clearance of Explosive Ordnance

1. Team Leader for Investigation, Survey, and Clearance of Explosive Ordnance

a) Meeting health standards as prescribed for military service medical examinations;

c) Being trained in the team leader program for investigation, survey, and clearance of explosive ordnance at domestic or foreign training institutions and obtaining a certificate;

d) Having at least two years of direct experience working in the field of investigation, survey, and clearance of explosive ordnance.

2. Technicians for Investigation, Survey, and Clearance of Explosive Ordnance

b) Technicians for investigation, surveying, and clearing unexploded ordnance and explosive remnants of war must meet health standards as prescribed in the physical examination for military service; have technical expertise appropriate to each level as prescribed in Appendix IV issued together with this Circular and have been trained, instructed, and issued certificates in the specialized field of investigation, surveying, and clearing unexploded ordnance and explosive remnants of war.

a) Have completed the team leader training program for investigation, surveying, and clearing unexploded ordnance and explosive remnants of war at domestic or foreign training institutions and obtained a certificate;

b) Hold a quality management certificate for investigation, surveying, and clearing unexploded ordnance and explosive remnants of war;

c) Have at least one year of direct experience working in the field of investigation, surveying, and clearing unexploded ordnance and explosive remnants of war.

Article 26. Content of training and instruction on investigation, surveying, and clearance of explosive remnants of war

1. Content of training and instruction for team leaders and supervisors

a) Legal provisions governing post-war clearance of explosive remnants of war, regulatory documents on weapons, explosives, and auxiliary equipment management;

b) Safety requirements and techniques to prevent fires and explosions during investigation, surveying, and clearance of explosive remnants of war;

c) Identification of risks, hazardous factors, and security and safety risk assessment, including fire prevention and natural disaster prevention, in investigation, surveying, and clearance activities;

d) Response to explosive remnants of war incidents and medical support;

đ) Equipment, tools, and specialized protective gear;

e) Structure, technical characteristics, and operating principles of various types of bombs, mines, ammunition, and explosives;

g) Standards, procedures, and norms in investigation, surveying, and clearance of explosive remnants of war;

h) Quality management, safety management, and information management in investigation, surveying, and clearance of explosive remnants of war.

2. Content of training and instruction for technicians

a) Legal provisions related to investigation, surveying, and clearance of explosive remnants of war after the war;

b) Identification of risks, hazardous factors, and security and safety risk assessment, including fire prevention and natural disaster prevention, in investigation, surveying, and clearance activities;

c) Response to explosive remnants of war incidents and medical support;

d) Structure, technical characteristics, operating principles, safety requirements, and usage methods of equipment and tools in investigation, surveying, and clearance of explosive remnants of war;

đ) Usage and maintenance of specialized protective gear;

e) Structure, technical characteristics, operating principles, and safety requirements when handling bombs, ammunition, and explosives;

g) Procedures for investigation, surveying, and clearance of explosive remnants of war and practical bomb destruction exercises.

4. Organizations and units conducting investigation, surveying, and clearance of explosive remnants of war must organize supplementary training for participants before engaging in such activities.

Article 27. Forms and Programs of Training and Instruction

1. Forms of Training and Instruction

a) Basic training - Is a form of training and issuing a training certificate for those who are starting to participate in investigation, surveying, and clearing unexploded ordnance and explosive remnants of war activities, those who do not have a suitable training certificate or whose training certificate has expired; - Agencies, units, and organizations permitted by authorized authorities may apply basic training and must organize centralized training; - The minimum training duration is three months.

b) Professional training - Is a form of regular or ad hoc training aimed at supplementing knowledge and skills in management, technology, and techniques for investigation, surveying, and clearing unexploded ordnance and explosive remnants of war.

c) Supplementary training - Is a form of training conducted by organizations and units conducting investigation, survey, and clearance of explosive remnants of war to review, supplement knowledge and skills for mission implementation; - Organizations and units conducting investigation, survey, and clearance of explosive remnants of war must organize supplementary training for direct forces before implementing projects.

2. Training and Instruction Programs

b) Organizations and units conducting investigation, survey, and clearance of explosive remnants of war shall base on their capacity, staff qualifications, equipment, and actual conditions at projects, tasks to develop appropriate supplementary training programs.

c) VNMAC, domestic and international organizations dealing with explosive remnants of war shall conduct plans and programs for advanced training to enhance capabilities, disseminate legal regulations, introduce new technologies and equipment for relevant subjects periodically. The minimum duration for each training session is forty hours.

3. Training and Instruction Costs

a) Funding for training team leaders, technicians, and supervisors follows the provisions of Articles 28 and 29 of the Vocational Education Law and related legal documents;

c) Costs for specialized refresher courses are funded from the state budget and approved aid and sponsorship funds;

d) Costs for supplementary training are borne by the organizations and units conducting investigation, surveying, and clearance of explosive remnants of war themselves.

Article 28. Issuance of Certificates for Investigation, Surveying, and Demining

1. Classification of certificates

a) Organizational capability certificates are certificates issued to organizations and units conducting investigation, survey, and clearance of explosive remnants of war that meet technical and safety requirements stipulated by law, conforming to national and international standards to provide consultancy, supervision, and investigation, survey, and clearance of explosive remnants of war.

b) Individual capability certificates are certificates issued to individuals who have completed specialized training programs in investigation, survey, and clearance of explosive remnants of war. They include team leader certificates, technical staff certificates, supervisor certificates, and other specialized training certificates.

2. Authority to issue certificates

a) The Ministry of National Defense issues organizational capability certificates to organizations and units conducting investigation, surveying, and demining according to Model No. 01 attached as Appendix V of this Circular;

3. Procedures for issuing certificates

4. Templates for team leader, supervisor, and technical staff certificates for investigation, survey, and clearance of explosive remnants of war are Model Nos. 02, 03, 04 in Appendix V attached to this Circular. Specialized certificates issued by domestic training and training institutions shall follow the templates prescribed by the training institutions. Foreign language training and specialized certificates issued by international organizations must be accompanied by certified translations when used.

Article 29. Validity Period and Reissuance of Certificates

1. Validity period

a) Capability certificates for investigation, surveying, and demining of organizations are valid for three years;

b) Team leader, supervisor, and technician certificates for investigation, surveying, and demining are valid for five years.

2. Reissuance of certificates

b) Training certificates are reissued in cases of loss, error, or damage but still within the validity period as prescribed.

Article 30. Suspension of Activities and Revocation of Competence Certificates

1. Organizations, units, and individuals conducting investigation, survey, and clearance of explosive remnants of war who violate regulations on the management and use of capability certificates, laws, and provisions of this Circular shall be suspended from operations for a period of six months.

2. Organizations, units, and individuals conducting investigation, surveying, and clearance of explosive remnants of war shall have their competence certificates revoked in the following cases:

a) Misuse of purpose, function, and tasks;

b) Failure to comply with requirements and regulations related to the field of investigation, surveying, and clearance of explosive remnants of war;

e) Refusal to comply with inspections and supervision by competent authorities;

d) Having been suspended from activities twice.

3. The issuing authority shall decide to suspend or revoke the competence certificates of organizations, units, and individuals.

Chapter VI

INTERNATIONAL COOPERATION AND MANAGEMENT OF ACTIVITIES TO MITIGATE THE AFTERMATH OF EXPLOSIVE REMNANTS OF WAR IN VIETNAM FOR FOREIGN INDIVIDUALS AND ORGANIZATIONS

Article 31. Proposing, Building Programs, Projects, Tasks, and Activities to Mitigate the Aftermath of Explosive Remnants of War

1. Proposals for international cooperation, program, project, and task development in the field of explosive remnants of war clearance are part of provincial and national programs and plans for clearing explosive remnants of war.

2. Procedures for proposing, developing, and approving programs, projects, and tasks for explosive remnants of war clearance funded by foreign sources shall be implemented according to current regulations on the management and use of official development assistance (ODA) and preferential loans from foreign sponsors, rules on the management and use of non-governmental foreign aid, and related legal documents.

3. Programs, projects, and tasks for investigation, survey, and clearance of explosive remnants of war using foreign funds must be reviewed by VNMAC for policy, objectives, investment scale, applicable standards and technical procedures, security and defense issues, safety, and environmental concerns before submission to competent authorities for approval.

Article 32. Application of Standards, Procedures, and Norms in Mitigating the Aftermath of Explosive Remnants of War

1. Foreign organizations permitted to operate in the field of explosive remnants of war clearance in Vietnam may choose to apply either the international standard for explosive remnants of war clearance (hereinafter referred to as IMAS) or Vietnamese standards for explosive remnants of war clearance.

2. Investigation, survey, clearance, destruction procedures of explosive remnants of war and application of new technologies must be recognized by VNMAC or independent assessment agencies as compliant with IMAS, legal regulations, and Vietnamese standards on safety and quality management.

3. The standards, specifications, procedures, and norms selected must be clearly reflected in memorandums of understanding and agreements between sponsors, receiving agencies, and implementing units.

Article 33. Recognition and Issuance of Competence Certificates and Training Certificates

1. Activities of foreign organizations and individuals in Vietnam must comply with Vietnamese laws and international treaties to which Vietnam is a party.

2. Procedures, contents of assessment, recognition, and issuance of competence certificates for international individuals and organizations operating in the field of mitigating the aftermath of explosive remnants of war in Vietnam shall be carried out according to IMAS standards.

Training certificates for team leaders, supervisors, technical investigators, surveyors, and explosive ordnance disposal personnel of foreign individuals or Vietnamese residing abroad issued by foreign authorities with the appropriate qualifications under the IMAS standard, which remain valid, shall be recognized for operation in Vietnam.

Article 34. Management of activities, quality management, information management

1. VNMAC is the coordinating agency responsible for implementing international cooperation activities in the field of addressing the consequences of unexploded ordnance in Vietnam.

Activities to address the consequences of explosive remnants of war conducted by foreign organizations and individuals shall be carried out according to project and program documents, tasks approved under the coordination of VNMAC and the management of relevant ministries, sectors, and provincial people's committees where the activities take place, in accordance with the law.

Foreign organizations and individuals engaged in addressing the consequences of explosive remnants of war shall have the responsibility to collect and provide information on addressing the consequences of explosive remnants of war within their scope of activities as stipulated in Article 22 of this Circular and have the right to connect and utilize information on addressing the consequences of explosive remnants of war from the national explosive ordnance database in accordance with the law.

Chapter VII

IMPLEMENTING PROVISIONS

Article 35. Inspection and supervision of management and activities to address the consequences of unexploded ordnance after war

1. The defense inspection agencies at all levels shall conduct specialized inspections of activities to address the consequences of unexploded ordnance after war in accordance with the law on inspection.

2. The Engineering Corps Command shall conduct inspections on projects, components, and tasks related to post-war explosive ordnance investigation, survey, and clearance using domestic funds, except those covered by Clause 3 of this Article.

3. VNMAC shall conduct inspections on projects, components, and tasks related to post-war explosive ordnance investigation, survey, and clearance using foreign funds, international aid, and programs and tasks under the National Action Program to Address the Consequences of Explosive Remnants of War in Vietnam.

Article 36. Effective Date

1. This Circular shall take effect from February 11, 2020, and replace Circular No. 146/2007/TT-BQP dated September 11, 2007, issued by the Minister of National Defense guiding the implementation of Decision No. 96/2006/QĐ-TTg dated May 4, 2006,

2. Projects, components, and tasks related to post-war explosive ordnance investigation, survey, and clearance that have been approved for construction technical plans and budgets before the effective date of this Circular shall continue to be implemented according to the approved construction technical plans and budgets.

3. In cases where laws and regulations cited in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replaced documents.

Article 37. Responsibility for Implementation

State management agencies authorized by law, organizations, and individuals, both domestic and foreign, operating in the field of addressing the consequences of explosive remnants of war in Vietnam pursuant to Decree No. 18/2019/NĐ-CP dated February 1, 2019, of the Government on the management and implementation of activities to address the consequences of explosive remnants of war shall be responsible for enforcing this Circular./.