Circular No. 22/2013/TT-BQP on the management of industrial explosives activities in the Military

CIRCULAR

Regulations on the management of industrial explosives activities in the Military

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Based on Ordinance No. 16/2011/UBTVQH12 dated June 30, 2011 of the Standing Committee of the National Assembly on the management and use of weapons, explosives, and auxiliary tools;

Based on Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives and Decree No. 54/2012/NĐ-CP dated June 22, 2012 of the Government amending and supplementing certain articles of Decree No. 39/2009/NĐ-CP on industrial explosives;

Based on Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Considering the proposal of the Director of the General Department of Defense Industry;

The Minister of National Defense hereby stipulates regulations on the management of industrial explosives activities in the Military as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates research, production, business; storage, transportation, use; technical safety training for industrial explosives; financial management; procedures and formalities for issuing permits and certificates; responsibilities of agencies and units; reporting and inspection systems for industrial explosives activities in the Military.

Article 2. Applicability

This Circular applies to agencies, units, enterprises, and individuals under the management of the Ministry of National Defense that participate in industrial explosives activities.

Article 3. Principles of managing industrial explosives activities

1. The Ministry of National Defense uniformly manages industrial explosives activities in the Military.

2. Investment in researching, producing, and trading industrial explosives shall be carried out according to the planning of the Government.

3. Agencies, units, enterprises, and individuals bear responsibility under the law when participating in industrial explosives activities.

4. Ensuring efficiency and sustainable development.

5. Adhering to laws on technical standards and norms; fire prevention and firefighting; social order and environmental protection.

Chapter II

INDUSTRIAL EXPLOSIVES ACTIVITIES

Section 1

RESEARCH, PRODUCTION, BUSINESS, INDUSTRIAL EXPLOSIVES, EXPLOSIVE PRECURSOR CHEMICALS

INDUSTRIAL EXPLOSIVES, PRECURSOR CHEMICALS FOR EXPLOSIVES

Article 4. Research on industrial explosives, explosive precursor chemicals

1. Research institutes, enterprises producing industrial explosives, explosive precursor chemicals may carry out research and development of industrial explosives and explosive precursor chemicals according to plans approved by competent authorities.

2. Technology transfer for the production of industrial explosives and explosive precursor chemicals shall be conducted at units and enterprises meeting the conditions stipulated by law, in accordance with the planning approved by the Government.

Article 5. Conditions for producing industrial explosives, explosive precursor chemicals

1. Production of industrial explosives and explosive precursor chemicals shall be carried out by units and enterprises with 100% state capital assigned tasks by the Prime Minister upon the proposal of the Ministry of National Defense, the Ministry of Industry and Trade, and the Ministry of Public Security.

2. The site, factory buildings, production lines, equipment must meet current standards and norms. The production technology process must be approved by the competent authority. Adequate safety equipment; fire prevention and explosion control; lightning protection; environmental protection; labor protection; waste treatment system must be available. Raw material warehouses and finished product warehouses must comply with the conditions specified in Article 8 of this Circular.

3. Product types and production capacity must align with the development plan for industrial explosives and explosive precursor chemicals; strictly follow regulations on product storage, packaging, and labeling.

4. Units and enterprises producing industrial explosives may sell products to enterprises engaged in the business of industrial explosives; import, entrust import, or purchase explosive precursor chemicals from enterprises holding production, business, or import licenses meeting the conditions stipulated in Clause 1 of Article 5 and Clause 1 of Article 6 of this Circular.

5. Units and enterprises producing explosive precursor chemicals may sell products to units and enterprises producing industrial explosives, engaging in the business of industrial explosives, and explosive precursor chemicals.

6. Fire prevention and firefighting plans must be approved by competent authorities; contingency plans for accident prevention and environmental treatment.

7. Commanders, managers, and workers directly involved in the production of industrial explosives and explosive precursor chemicals must be trained and hold appropriate professional certificates for their assigned tasks.

Article 6. Conditions for operating industrial explosives and explosive precursors

1. Operating industrial explosives and explosive precursors shall be conducted by units and enterprises with 100% state capital, assigned tasks by the Prime Minister based on the proposal of the Ministry of National Defense, the Ministry of Industry and Trade, and the Ministry of Public Security; they must have a business license for industrial explosives and explosive precursors in accordance with the provisions of the law.

2. Purchasing and selling industrial explosives listed in the Vietnamese Industrial Explosives Catalogue to units and enterprises holding usage licenses. Excess industrial explosives that are still within their validity period and unused must be repurchased from units and enterprises that no longer need them; such purchases and sales must be carried out through contracts in accordance with the provisions of the law.

3. Having storage facilities for industrial explosives and explosive precursors meeting the conditions stipulated in Article 8 of this Circular. In cases where there is no storage facility, permission may be granted to enter into contracts to lease storage facilities for industrial explosives and explosive precursors and bear responsibility for managing the storage facility or contracts for storing goods at storage facilities for industrial explosives and explosive precursors with units and enterprises meeting the requirements prescribed by law.

4. Commanders, managers, and workers directly involved in operating industrial explosives and explosive precursors must be trained and hold appropriate professional certificates in accordance with the assigned tasks.

Article 7. Exporting and Importing Industrial Explosives and Explosive Precursors

1. Units and enterprises engaged in production and operation shall carry out exports of industrial explosives and explosive precursors according to the contents of the issued permits.

2. In cases where domestic production of industrial explosives and explosive precursors has not yet been achieved; production does not meet usage needs or the product cost is higher than the import price, units and enterprises with permits are allowed to import.

3. Export and import contracts for industrial explosives and explosive precursors must be approved by the Directorate of Defense Industry before signing.

4. Conduct conformity declaration for imported industrial explosives and explosive precursors and apply a quality management system for products; store, package, and label in accordance with standards and regulations before putting them into circulation and use.

PART 2

STORAGE AND TRANSPORTATION OF INDUSTRIAL EXPLOSIVES,

 EXPLOSIVE PRECURSORS

Article 8. Conditions for Storing Industrial Explosives and Explosive Precursors

1. Storage facilities for industrial explosives and explosive precursors must be located in areas meeting security requirements; ensuring safe distances from protected structures and objects; complying with current standards and regulations regarding structure and construction materials and satisfying fire prevention and extinguishing, explosion prevention, lightning protection, static electricity control; safety for workers and environmental protection in accordance with technical standards and related regulations, equipped with complete facilities and mandatory fire and explosion insurance as prescribed.

2. Managers, warehouse keepers, guards, and other personnel involved in storing industrial explosives must be trained and hold appropriate professional certificates in accordance with the assigned tasks.

3. Equipping means and equipment for guarding; preventing and fighting fires and explosions; communication; loading and unloading and distributing industrial explosives in accordance with current standards and regulations.

4. Having fire prevention and extinguishing plans; security and order protection plans approved by competent authorities. In case of fire, unauthorized intrusion, or other emergencies, timely measures must be taken to handle the situation.

Article 9. Conditions for transporting industrial explosives and explosive precursors

1. Enterprises that have registered to operate transportation services or units and enterprises holding production, business, and usage licenses for industrial explosives and explosive precursors.

2. Transport vehicles must meet traffic participation conditions as prescribed by law; comply with national technical standards and regulations; satisfy safety, fire prevention, and firefighting requirements; have contingency plans for fire and explosion incidents during transportation; purchase mandatory fire and explosion insurance as prescribed.

3. Managers, escorts, and drivers of transport vehicles carrying industrial explosives and explosive precursors must possess appropriate professional qualifications for their assigned tasks; be trained in fire prevention and firefighting techniques; and undergo industrial explosives safety training.

Article 10. Transporting Industrial Explosives and Explosive Precursors

1. Transporting industrial explosives and explosive precursors shall be carried out when all conditions stipulated in Article 9 of this Circular are met and a transport order has been issued.

2. Persons responsible for transporting industrial explosives and explosive precursors must check documents and vehicles before departure or after each stopover and immediately repair any damages (if any). They must strictly follow the contents of the transport order and cargo handover procedures as prescribed. After completing the transportation process, they must report the results of the order execution to the issuing authority (Form No. 06).

3. Do not pass through city centers during peak hours; do not park vehicles in cities, towns, or densely populated areas near fuel stations or important defense and security facilities. Do not transport under abnormal weather conditions. Loading and unloading of industrial explosives on transport vehicles must be directly supervised and guided by warehouse managers, vehicle drivers, or escorts.

4. In case of accidents, malfunctions, or traffic obstructions involving transport vehicles, escorts and drivers must take measures to prevent unauthorized access and eliminate potential fire sources in the affected area to ensure safety for other road users. Promptly notify military, police, and local authorities in the affected area for timely support in handling the situation.

5. If it is impossible to execute the issued transport order, the unit or enterprise must return the old order and request a new one.

Section 3

USE OF INDUSTRIAL EXPLOSIVES

Article 11. Conditions for Using Industrial Explosives

1. Units and enterprises with tasks requiring the use of industrial explosives must have registered to operate such activities.

2. Have storage facilities for industrial explosives meeting the conditions stipulated in Article 8 of this Circular; have technology, equipment, and tools suitable for using industrial explosives according to national technical standards and regulations. If there is no storage facility, they can lease one from other units or enterprises that meet the required conditions.

3. The location where industrial explosives are used must ensure public order and safety distances from residential areas, buildings, and protected objects as prescribed. There must be fire and explosion prevention and firefighting plans approved by competent authorities.

4. Have blasting plans suitable for the scale of exploitation and construction; establish blasting passports in accordance with current regulations.

5. Unit commanders, blasting supervisors, blasters, and other personnel involved in the use of industrial explosives must meet public order and safety conditions; possess appropriate professional qualifications for their assigned tasks; and be trained in safety techniques, fire prevention and firefighting, security protection, and emergency response in activities related to the use of industrial explosives.

Article 12. Management and Use of Industrial Explosives

1. Units and enterprises using industrial explosives listed in the Catalogue of Industrial Explosives permitted to be produced and used in Vietnam shall purchase such explosives from enterprises engaged in the business of industrial explosives.

2. Unused industrial explosives must be resold to enterprises permitted to engage in the business of industrial explosives. In cases where industrial explosives do not meet quality standards, they must be destroyed in accordance with regulations.

3. If units or enterprises using industrial explosives do not conduct blasting themselves, they are permitted to enter into contracts to hire other units or enterprises with Blasting Service Licenses to perform all blasting work. The unit or enterprise providing blasting services shall be responsible for obtaining permission to use industrial explosives and conducting blasting services in accordance with regulations.

Section 4

TRAINING ON TECHNICAL SAFETY FOR INDUSTRIAL EXPLOSIVES

Article 13. Training Recipients

1. Commanders and managers involved in the production, business, supply, and use of industrial explosives and explosive precursors.

2. Individuals directly related to industrial explosives and explosive precursors include: warehouse keepers, loading workers, security guards, escorts, vehicle drivers, blasting commanders, and blasters.

Article 14. Training Content

1. The recipients specified in Clause 1 of Article 13 of this Circular shall be informed about legal documents on industrial explosives and trained on the following contents:

a) Business management operations;

b) Technical safety requirements in current standards and regulations governing industrial explosives activities;

c) Methods for developing, establishing, and implementing plans and measures to prevent and respond to emergencies;

d) Methods for organizing inspections and supervision of blasting activities.

2. The recipients specified in Clause 2 of Article 13 of this Circular shall be informed about legal documents on industrial explosives and trained on the following contents:

a) Technical safety requirements in current standards and regulations governing industrial explosives activities;

b) Security, safety, and labor hygiene;

c) Fire prevention and firefighting operations.

Article 15. Forms and Duration of Training

1. Training for the recipients specified in Clause 1 of Article 13 of this Circular shall be conducted as follows:

a) Initial training covering the contents specified in Clause 1 of Article 14 of this Circular;

b) Periodic supplementary training to update knowledge on laws and technical safety in industrial explosives activities; periodic training shall take place every two years.

2. Training for the recipients specified in Clause 2 of Article 13 of this Circular shall be conducted as follows:

a) Initial training covering the contents specified in Clause 2 of Article 14 of this Circular;

b) Periodic supplementary or additional training to ensure employees fully understand the regulations, technological processes, and safety rules concerning industrial explosives within their assigned responsibilities and tasks organized by the unit or enterprise;

c) The duration of periodic training depends on the safety requirements of the unit's industrial explosives activities but shall occur at least once every two years;

d) Employees when transferring from one job to another; when there is a change in equipment or production technology; after being absent from work for six months or more, before being reassigned to work, must receive guidance and training on technical safety for industrial explosives appropriate to new equipment, technology, and assigned tasks;

e) In cases of changes in operating conditions, the managing authority of industrial explosives, where industrial explosives activities are carried out, shall be responsible for providing additional training on relevant contents related to changes in operating conditions; conducting examinations and reporting to the managing authority to issue certificates.

Section 5

MANAGEMENT OF INVESTMENT AND FINANCE

Article 16. Investment Management

1. The content of investment includes:

a) Research on the production of industrial explosives and explosive precursors;

b) Transport means, blasting services, and storage facilities.

2. Forms of investment management

a) Projects for the production of industrial explosives that comply with the Master Plan for the Development of the Industrial Explosives Industry approved by the Prime Minister;

b) Investment projects for the development of the industrial explosives industry shall be managed in accordance with state regulations and implemented upon approval by the competent authority;

c) Units and enterprises undertaking investments shall be responsible for the quality and effectiveness of the projects.

Article 17. Financial Management

1. Units and enterprises may borrow funds and mobilize capital sources in accordance with the law and use them for their intended purposes to effectively invest in the development of the industrial explosives industry.

2. Units and enterprises producing and trading in industrial explosives shall establish selling prices in accordance with regulations, ensuring the interests of all parties involved in production, trade, and use.

3. Price declarations shall be made in accordance with the law and guidelines issued by the Ministry of Finance. The price declaration form shall be prepared in two copies: one copy to be sent to the Ministry of Finance and one copy to be sent to the General Department of National Defense Industry.

Chapter III

PROCEDURE AND REQUIREMENTS FOR ISSUING CERTIFICATES AND LICENSES FOR INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSORS

RAW MATERIALS FOR INDUSTRIAL EXPLOSIVES, PRECURSOR CHEMICALS FOR EXPLOSIVES

Article 18. Documents for Issuing Technical Safety Training Certificates for Industrial Explosives

For the issuance of technical safety training certificates for industrial explosives for the subjects specified in Clause 2, Article 13 of this Circular, the application package consists of one set including: Request letter (Form No. 12) and a copy certified by the competent authority of the training plan approved by the head of the unit, along with a list and results of the training.

Article 19. Documents for Issuing Permits for the Transportation of Industrial Explosives and Explosive Precursors

Application documents for transportation permits consist of one set including:

1. Request letter for transportation permit (Form No. 04);

2. A copy certified by the competent authority of the purchase and sale contract for industrial explosives and explosive precursors (if transporting multiple times, submit once for the entire contract period); authorization document for trial blasting (if transporting for trial blasting) or authorization document for collection and destruction of explosives (if transporting for collection and destruction) or decision allowing the recovery of waste from the destruction of various types of ammunition (if recovering waste) issued by the competent authority;

3. If transporting under hire, a copy certified by the competent authority of the transportation contract (if transporting multiple times, submit once for the entire contract period);

4. Introduction letter from the agency, unit, or enterprise applying for the transportation order (to be presented when submitting the application directly).

Article 20. Documents for Issuing Permits for the Use of Industrial Explosives

1. Application documents for the first issuance of a permit for the use of industrial explosives consist of one set including:

a) Application for a Permit to Use Industrial Explosives with confirmation by the competent authority subordinate to the Ministry of National Defense (Form No. 07);

b) A copy certified by the competent authority of the establishment decision for the unit or enterprise; Business Registration Certificate;

c) Security and safety condition certificate issued by the security protection agency (Form No. 08);

d) A copy certified by the competent authority of the exploration and mining permit for units and enterprises engaged in mineral activities; tender award decision for construction projects or contracting agreements or authorization documents, task assignments for implementing construction project contracts by the superior management agency of the enterprise still in effect;

đ) Blasting plan (Form No. 10); if blasting affects residential areas, medical facilities, historical and cultural sites, natural conservation areas, security and defense works, or other important national works, it must be approved by the issuing authority;

e) Monitoring plan for blasting impacts satisfying the technical safety standards for the industrial explosives industry (if applicable); emergency prevention and response plans for warehouses and transport vehicles carrying industrial explosives;

g) A copy certified by the competent authority of the Fire Prevention and Control Certificate for the warehouse storing industrial explosives in compliance with regulations or a Fire Prevention and Control Approval Certificate still valid for the duration requested for the permit to use industrial explosives;

If the unit or enterprise applying for a permit to use industrial explosives does not have a warehouse, the application documents must include a copy certified by the competent authority of the lease agreement for an industrial explosives warehouse with a unit or enterprise having a compliant warehouse.

h) Decision appointing the blasting commander by the enterprise leadership and a list of blasters and persons directly related to the use of industrial explosives, along with a copy certified by the competent authority of the technical safety training certificate;

i) Introduction letter from the agency, unit, or enterprise applying for the use of industrial explosives (to be presented when submitting the application directly).

2. Application documents for military units (not enterprises) serving construction of defense works consist of one set including:

a) Application for a Permit to Use Industrial Explosives with confirmation by the competent authority subordinate to the Ministry of National Defense (Form No. 07);

b) Security and safety condition certificate issued by the security protection agency (Form No. 08);

c) Report on the use of industrial explosives for cases requesting renewal or adjustment of the permit (Form No. 09).

3. Application documents for units and enterprises requesting renewal or adjustment of the Permit to Use Industrial Explosives consist of one set including:

a) Application for a Permit to Use Industrial Explosives with confirmation by the competent authority subordinate to the Ministry of National Defense (Form No. 07);

b) Security and safety condition certificate issued by the security protection agency (Form No. 08);

c) Report on the operation of using industrial explosives during the validity period of the previously issued permit (Form No. 09) and the documents specified in Points b, d, đ, e, g, h, Clause 1 of this Article, when there are changes.

4. Service blasting units applying for a Permit to Use Industrial Explosives shall submit a package consisting of the documents specified in Clause 1 of this Article and a copy certified by the competent authority of the Service Blasting Permit issued by the Ministry of Industry and Trade.

Article 21. Competence, procedures, and validity of certificates, transport orders, and various permits

1. Issuance of the Certificate of Industrial Explosives Safety Technical Training

a) The Directorate General of National Defense Industry organizes industrial explosives safety technical training and issues the certificate (Form No. 13) to the subjects specified in Clause 1, Article 13 of this Circular;

The Directorate General of National Defense Industry issues the Certificate of Industrial Explosives Safety Technical Training (Form No. 13) to the subjects specified in Clause 2, Article 13 of this Circular upon the proposal of units or enterprises;

b) Units or enterprises submit the dossier through postal service or directly to the Directorate General of National Defense Industry. Within 05 (five) working days from the date of receiving complete and valid dossiers, the Department of Science and Technology will examine and appraise the dossiers and report to the Director General of the Directorate General of National Defense Industry for issuance of the certificate according to regulations. If not issued, a written response with detailed reasons must be provided.

c) The Certificate of Industrial Explosives Safety Technical Training is valid for 02 (two) years for the subjects specified in Article 13 of this Circular. For explosive material warehouse keepers, it is valid for 05 (five) years.

2. Issuance of Permits for Transporting Industrial Explosives and Blasting Agents

a) The General Staff guides the construction and organization of approval for plans to transport industrial explosives and blasting agents for military regions, military corps, military groups, directorates general, arms services, armament groups, Border Guard Command, Capital Military Command, and the Coast Guard Corps;

The General Staff reviews and issues, revokes, or suspends transport orders for industrial explosives and blasting agents for agencies and units that have not been approved plans for transportation;

b) Military regions, military corps, military groups, directorates general, arms services, armament groups, Border Guard Command, Capital Military Command, and the Coast Guard Corps base on the plans approved by the General Staff, implement or delegate the issuance, revocation, or suspension of transport orders for industrial explosives and blasting agents for entities under their management;

c) Units or enterprises submit the dossier through postal service or directly to the General Staff, military regions, military corps, military groups, directorates general, arms services, armament groups, Border Guard Command, Capital Military Command, and the Coast Guard Corps. Within 03 (three) working days from the date of receiving complete and valid dossiers, the competent authority examines and appraises the dossiers and reports to the Chief of the General Staff, Commander, Chief, or Director for issuance of transport orders for industrial explosives and blasting agents for units or enterprises (Form No. 05). If not issued, a written response with detailed reasons must be provided.

d) The validity of transport orders issued by the competent authority is stipulated.

3. Issuance of Permits for Using Industrial Explosives

a) The Directorate General of National Defense Industry examines and issues or revokes permits for using industrial explosives for units and enterprises under the Ministry of National Defense;

b) Units or enterprises submit the dossier through postal service or directly to the Directorate General of National Defense Industry;

Within 10 (ten) working days from the date of receiving complete and valid dossiers, the General Staff of the Directorate General of National Defense Industry examines and appraises the dossiers and reports to the Director General for issuance of the Permit for Using Industrial Explosives (Form No. 11);

In cases where on-site inspections of the workplace or storage facilities are required before issuing the permit, the examination period shall not exceed 30 (thirty) working days from the date of receiving complete and valid dossiers;

If not issued, a written response with detailed reasons must be provided.

c) Units or enterprises requesting the issuance of a permit for using industrial explosives must pay fees as prescribed by the Ministry of Finance (this does not apply to units that are not construction enterprises for national defense projects);

d) For units or enterprises using industrial explosives for research, construction, hydropower, transportation, oil exploration... the permit validity shall not exceed 02 (two) years; for units or enterprises using industrial explosives for mineral exploitation, the permit validity shall not exceed 03 (three) years.

Article 22. Procedures for Issuing Certificates of Adequate Conditions for Production, Business Licenses, Blasting Service Permits, Export and Import Permits for Industrial Explosives and Explosive Precursors

1. Units and enterprises requiring issuance of Certificates of Adequate Conditions for Production; Business Licenses; Blasting Service Permits; Export and Import Permits for Industrial Explosives and Explosive Precursors must prepare application files according to the guidelines of the Ministry of Industry and Trade and submit them to the Directorate of Defense Industry.

2. Within 05 (five) working days from the date of receipt of complete and valid application files, the competent authority of the Directorate of Defense Industry shall examine and appraise the files, report to the Director of the Directorate of Defense Industry, and prepare a document requesting the Ministry of Industry and Trade to issue Certificates of Adequate Conditions for Production; Business Licenses; Blasting Service Permits; Export and Import Permits for Industrial Explosives and Explosive Precursors for the units and enterprises.

Chapter IV

RESPONSIBILITIES OF AGENCIES AND UNITS

Article 23. General Staff Department

1. Direct agencies and units to study and participate in planning the development of the industrial explosives industry.

2. Direct agencies and units in coordinating inspections of production, business, and use of industrial explosive materials within the Military.

3. Guide the construction and organization of approval for plans to transport industrial explosives and explosive precursors for specified entities as prescribed.

4. Decide to temporarily suspend the issuance of permits or temporarily suspend the effectiveness of Orders for transporting industrial explosives and explosive precursors when there is a requirement to ensure national security, public order, and social safety related to national-level activities or in areas with special requirements for ensuring security and public order.

Article 24. Directorate of Defense Industry

1. Take the lead and coordinate with relevant agencies within the Military to research and develop plans for the development of the industrial explosives and explosive precursor industry, report to the Ministry of National Defense for consideration, and submit to the Government for approval.

2. Research and develop, and submit to the Ministry of National Defense and the Government for promulgation legal normative documents, standards, technical regulations on the operation of industrial explosives in the Military.

3. Coordinate with the Planning and Investment Department to appraise project files, report to the Ministry of National Defense for consideration and approval.

4. Receive price declarations from units and process them according to regulations.

5. Annually summarize the management work of production, business, use; export and import of industrial explosives and explosive precursors and report to the Ministry of National Defense.

6. Inspect the management work of production, business, and use of industrial explosives and explosive precursors; coordinate to participate in inter-ministerial inspections conducted by state management agencies regarding industrial explosives operations.

7. Implement price declaration monitoring and have the responsibility to request units and enterprises to explain or re-declare prices when unreasonable price declarations are discovered.

8. Appraise export and import contracts for industrial explosives and explosive precursors of production and trading enterprises.

Article 25. Planning and Investment Department

1. Take the lead and coordinate with agencies to appraise investment projects for developing industrial explosives and explosive precursors, and submit to the Ministry of National Defense for approval.

2. Guide units to implement investment and development work concerning industrial explosives and explosive precursors in accordance with the law.

Article 26. Financial Department

1. Direct, guide, and inspect the business of managing the state budget, capital, and assets used in the operation of industrial explosives.

2. Guide the management of revenue collection and the use of fees for the examination and issuance of permits to use industrial explosives.

Article 27. Units under the Ministry of National Defense

1. Direct, guide, and inspect subordinate units in implementing state regulations and the Ministry of National Defense's regulations on the management and use of industrial explosives.

2. Examine and confirm that conditions for security and safety are met for units requiring the use of industrial explosives.

3. Determine technical safety conditions for projects using industrial explosives before proposing to apply for a permit to use industrial explosives.

4. Organize and coordinate with competent agencies and units to train technical safety for the subjects specified in Clause 2, Article 13 of this Circular and request the General Department of Defense Industry to issue certificates according to the provisions of Article 18 of this Circular.

Chapter V

REPORTING AND INSPECTION REGIME

Article 28. Reporting Regime

1. Periodic reports

a) Monthly report: Report to the immediate superior authority before the fifth day of the following month.

b) Quarterly report: Report to the immediate superior authority and the General Department of Defense Industry before the twenty-fifth day of the last month of each quarter;

c) Annual report: Units prepare annual reports to be submitted to the immediate superior authority and the General Department of Defense Industry before January 10th of the following year;

2. Emergency Reports

a) Reports upon request from the superior supervisory agency or when there is an incident involving the loss of safety regarding industrial explosives and explosive precursors;

b) The content and time of reporting shall be in accordance with the requirements of the superior level. In particular, for reports on incidents involving loss of safety, the unit must report within 24 hours to the superior supervisory agency.

Article 29. Implementation of Reporting

1. Production units implement monthly, quarterly, and annual reporting systems as stipulated in Article 28 of this Circular (Form No. 01) and submit ad hoc reports as required.

2. Business and import-export units implement quarterly and annual reporting systems as stipulated in Article 28 of this Circular (Form Nos. 02 and 03) and submit ad hoc reports as required.

3. Usage units implement annual reporting and when applying for a permit to use industrial explosives as stipulated in Article 28 of this Circular (Form No. 09) and submit ad hoc reports as required.

Article 30. Inspection System

1. Units and enterprises producing, trading, using, and transporting industrial explosives and explosive precursors self-inspect their implementation and take timely measures to correct and remedy violations related to the activities of industrial explosives.

2. Annually, the immediate superior management unit of units and enterprises producing, trading, using, and transporting industrial explosives and explosive precursors conducts inspections of production, trading, transportation, and usage management of industrial explosives and explosive precursors.

3. Every six months, the competent authority issuing transport permits for industrial explosives and explosive precursors must conduct inspections of conditions and transportation means for units and enterprises under its management.

Chapter VI

IMPLEMENTING PROVISIONS

Article 31. Effective Date

1. This Circular takes effect 45 days from the date of signature.

2. Abolish previous regulations issued by the Ministry of National Defense concerning the management of industrial explosives and explosive precursor activities.

Article 32. Responsibility for Implementation

The head of the General Staff, commanders of agencies, units, enterprises, and individuals concerned are responsible for implementing this Circular./.