Circular No. 23/2009/TT-BCT detailing certain provisions of Government Decree No. 39/2009/NĐ-CP dated April 23, 2009 on industrial explosives

CIRCULAR

Regulations on certain provisions of Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives

 on industrial explosives

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Pursuant to Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives;

Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade regarding international trade activities and foreign-related agency purchase, sale, processing, and transit goods;

The Ministry of Industry and Trade hereby provides detailed regulations on certain provisions of Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives (hereinafter referred to as Decree No. 39/2009/NĐ-CP) as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates conditions for persons directly related to industrial explosive activities, explosive precursors; files and procedures for issuing Certificates of Eligibility for Production, Business Licenses, Export and Import Permits for industrial explosives and explosive precursors; Permits for the use of industrial explosives and blasting services.

Article 2. Applicability

This Circular applies to organizations and individuals participating in industrial explosive activities in Vietnam.

Article 3. Explanation of terms and abbreviations

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

1. VLNCN is the abbreviation for "industrial explosives."

2. TCVN 6174:97 is the abbreviation for Vietnamese Standard 6174:1997 - Industrial Explosives. Safety requirements for production, acceptance, and testing.

3. QCVN 02:2008/BCT is the abbreviation for National Technical Regulation No. 02:2008/BCT on safety in storage, transportation, use, and destruction of industrial explosives.

4. TCVN 5507:2002 is the abbreviation for Vietnamese Standard 5507:2002 - Hazardous Chemicals - Safety Requirements for Production, Business, Use, Storage, and Transportation.

5. Certified copy is a notarized or certified copy by an authorized authority.

Chapter II

Article 4. Conditions for Persons Directly Related to Industrial Explosive Activities, Explosive Precursors

Article 4. General Requirements

1. Persons directly related to industrial explosive activities, explosive precursors must meet the following conditions:

a) Having valid personal identification documents and not being prohibited from participating in industrial explosive activities according to Clause 5, Article 5 of Decree No. 39/2009/NĐ-CP;

b) Having corresponding professional qualifications for assigned tasks and must be trained in technical safety for industrial explosive activities according to Article 29 of Decree No. 39/2009/NĐ-CP and the provisions of TCVN 6174:97, QCVN 02:2008/BCT for industrial explosive activities; TCVN 5507:2002 and related standards and regulations for explosive precursors;

c) Having health that meets the requirements of each profession according to current labor laws; being examined and tested by the competent authority specified in Chapter V of this Circular to issue a Certificate of Technical Safety for Industrial Explosives.

2. Foreign workers involved in industrial explosive activities in Vietnamese enterprises, in addition to meeting the conditions set out in Clause 1 of this Article, must also obtain a Work Permit from the competent labor authority; be trained in knowledge of laws on industrial explosives and related Vietnamese laws.

3. Leaders of organizations, managers of departments, and employees directly related to industrial explosive activities, explosive precursors at enterprises under the Ministry of Defense shall be trained and issued Certificates by the Ministry of Defense or agencies entrusted by the Ministry of Defense with the management of industrial explosives. Training content shall comply with point b, Clause 1, of this Article.

Article 5. Qualifications of persons directly related to the production and business of industrial explosives and explosive precursors

1. The General Director must have a bachelor's degree; the Deputy General Director for Technology and persons managing departments directly related to the production of industrial explosives must have a bachelor's degree in one of the following majors: chemical engineering, weapons ammunition, pyrotechnic technology, explosives.

2. Workers directly involved in the production of industrial explosives and explosive precursors must be trained and hold a certificate appropriate to their position and responsibilities.

Article 6. Qualifications of persons directly related to the use of industrial explosives

1. The Blasting Commander must be appointed by the organization's leadership using industrial explosives and must meet the following conditions:

a) Graduated from a college or higher in one of the fields: mining exploitation, geology; construction of transportation and hydraulic works; weapons ammunition, pyrotechnic technology, explosives, and have at least one year of work experience in the field of using industrial explosives for bachelor's and associate's degrees, and two years for technical college degrees;

b) In cases where they graduate from other technical fields at a college level or higher, the Blasting Commander must have at least two years of work experience in the field of using industrial explosives for bachelor's and associate's degrees, three years for technical college degrees, and must supplement knowledge on blasting techniques and safety regulations and standards in mineral extraction, oil and gas exploitation, or construction projects corresponding to the field using industrial explosives;

c) For economic organizations established under the Law on Cooperatives that engage in manual extraction methods, if there is no Blasting Commander meeting the above requirements, it is allowed to temporarily appoint a Blasting Commander who has been trained and certified in mining schools in the field of mining exploitation, with at least three years of work experience in the field of using industrial explosives, and must supplement knowledge on safety regulations and standards in mineral extraction or construction projects corresponding to the field using industrial explosives. Within three years from the date this Circular takes effect, the Blasting Commander must meet the conditions specified in points a or b of this clause.

2. Miners or workers directly involved in industrial explosives must be trained and have a professional qualification suitable to their position and responsibilities as stipulated in Appendix C, QCVN 02:2008/BCT.

3. The agency issuing the Permit to use industrial explosives is responsible for reviewing the supplementary training knowledge of the Blasting Commander as specified in point b or c of clause 1 of this Article before issuing the Permit to use industrial explosives.

Chapter III

DOCUMENTS AND PROCEDURES FOR ISSUING CERTIFICATES AND PERMITS FOR INDUSTRIAL EXPLOSIVES,

EXPLOSIVE PRECURSORS

Article 7. Documents for Issuing Certificates of Eligibility for Production of Industrial Explosives and Explosive Precursors

1. For enterprises with production projects. The documents include:

a) Legal documents

- Application for issuance of Certificate of Eligibility for Production of Industrial Explosives and Explosive Precursors signed by the enterprise's head. If it is a defense enterprise, it must also include a request letter from the Ministry of Defense or an authorized agency to manage industrial explosives;

- A valid copy of the Decision establishing the enterprise by the competent authority. List and addresses of affiliated organizations (Factories, Branches, Representative Offices...);

- A valid copy of the Business Registration Certificate;

- A valid copy of the Decision approving the investment project for constructing production facilities for industrial explosives and explosive precursors according to the laws on management and investment construction;

- A valid copy of the Certificate confirming eligibility for security and public order and the Certificate of Fire Prevention and Control for the production and storage facilities for industrial explosives;

- A valid copy of the Decision of the Ministry of Industry and Trade recognizing the registration results of products and including new industrial explosives produced and used in Vietnam in the list of permitted materials for circulation and use in Vietnam (for newly produced and used industrial explosives in Vietnam);

- A valid copy of the Decision approving the Environmental Impact Assessment Report for the production facility for industrial explosives and explosive precursors;

b) Technical documents

Documents proving the fulfillment of the conditions for producing industrial explosives and explosive precursors by the enterprise include:

- Documents on personnel qualifications for producing industrial explosives and explosive precursors

+ List of leaders and managers directly related to the production, storage, and transportation of industrial explosives and explosive precursors;

+ Personal files of the General Director and Deputy General Director: personal history form; graduation certificates;

+ Work permit for foreign employees working at the enterprise (if applicable);

- Technical condition documents

+ Layout design of the production line for industrial explosives and explosive precursors;

+ Process flow diagram including auxiliary systems accompanying the production process;

+ Diagrams of power supply systems, grounding protection systems, lightning protection systems for equipment, buildings, and production and storage facilities for industrial explosives and explosive precursors;

+ Certification issued by a recognized organization for testing facilities for industrial explosives and explosive precursors (if applicable);

+ Calibration certificates, seals, or stamps for measuring and control instruments according to the laws on measurement;

+ Registration certificates, test result reports for explosion-proof machines and equipment; Registration certificates, test result reports for machines, equipment, materials, substances with strict occupational health and safety requirements or special industrial safety requirements (if applicable);

+ Acceptance records for completed construction projects according to the laws on investment and construction management; Product acceptance records for industrial explosives and explosive precursors after trial operation according to regulations;

+ Emergency prevention and response plans for production workshops, warehouses, and transportation means for industrial explosives.

2. For enterprises currently producing explosives and explosive precursors that require a change in their business name without altering production conditions, it is only necessary to submit an application for adjustment of the Certificate of Eligibility for Production, a decision from the competent authority allowing the change of enterprise name, and a Certificate of Eligibility for Security and Public Order issued by the competent police authority under the new name.

3. For enterprises producing explosives and explosive precursors that undergo infrastructure and equipment upgrades for production without reducing technical standards requirements concerning site layout, technology, fire prevention and firefighting, and safety conditions of the production line already approved, after completing the upgrade, the enterprise shall submit an application to the agency specified in Clause 1, Article 12 of this Circular for issuance of the Certificate of Eligibility for Production of Explosives and Explosive Precursors.

4. For enterprises producing explosives and explosive precursors that suffer accidents causing damage to the production line, after investigation conclusions and repairs, the enterprise shall prepare technical documentation on the repair and restoration process and request the agency specified in Clause 1, Article 12 of this Circular to reissue the Certificate of Eligibility for Production of Explosives and Explosive Precursors.

Article 8. Documents for Issuing Business License for Explosives and Explosive Precursors

1. Legal documents include:

a) Application for a business license for explosives and explosive precursors signed by the head of the enterprise. If the enterprise belongs to the Ministry of National Defense, it must have a request letter from the Ministry of National Defense or the management agency assigned by the Ministry of National Defense.

b) A certified copy of the Decision to Establish the Enterprise. List and addresses of affiliated organizations (Factories, Branches, Representative Offices...).

c) A certified copy of the Business Registration Certificate.

d) A certified copy of the Certificate of Eligibility for Security and Public Order and the Certificate of Eligibility for Fire Prevention and Fighting for storage facilities and specialized transportation vehicles for explosives and explosive precursors.

2. Documents proving compliance with business conditions include:

a) List of managers directly involved in the storage, transportation, and business of explosives and explosive precursors.

b) Documentation of the Director and Deputy Director:

- Personal history statement;

- Graduation certificate;

c) Work permit for foreign employees working at the enterprise (if applicable);

d) Inventory of warehouses, wharfs, factories of each business unit and documents permitting the use of facilities;

e) List of specialized transportation vehicles and a certified copy of the Circulation Permit;

f) Certificate from a state agency regarding national measurement standards and quality for testing facilities for explosives and explosive precursors (if applicable);

g) Emergency response plan for storage facilities and transportation vehicles for explosives.

3. For enterprises that have been issued a Certificate of Eligibility for Production or a Business License for explosives, the application for a Business License for explosive precursors requires only an application for the license.

4. For organizations applying for renewal of a Business License for explosives or a Business License for explosive precursors, the application includes a report on business activities during the validity period of the previously issued license and the documents specified in Clauses 1 and 2 of this Article, if there are any changes..

Article 9. Documents for Issuing a Permit to Use Explosives

1. Legal Documents

An organization that needs to use explosives must submit a request for issuing an Explosive Use Permit to the competent authority specified in Chapter V of this Circular. For organizations not under the jurisdiction of the Ministry of Industry and Trade or the Ministry of National Defense for issuing an Explosive Use Permit, they shall submit their documents to the local competent authority where the explosives will be used. The documents include:

a) A properly signed application form for requesting an Explosive Use Permit. The organization applying for the Explosive Use Permit shall submit the application either in printed form or electronically according to Appendix 1 of this Circular (form 1a or 1b);

b) A certified copy of the Decision on Establishment and Business Registration Certificate. For foreign-invested enterprises, there must be an Investment Certificate or Tender Permit issued by the competent authority as prescribed by law;

c) A certified copy of the Certificate confirming compliance with security and public order conditions;

d) A certified copy of the Mining Exploration and Exploitation Permit for mining enterprises; Oil and Gas Exploration and Exploitation Permit for oil and gas enterprises; Bid Award Decision, Contract Acceptance, or Delegation Document for implementing construction contracts issued by the enterprise management organization;

đ) Construction design for construction projects and mine exploitation designs using explosives for industrial-scale projects; construction and exploitation plans for manual construction and exploitation activities. The design or plan approved by the project sponsor must meet safety requirements according to Technical Safety Regulations for Open Pit Quarrying TCVN 5178:2004 or Technical Safety Regulations for Coal Mines and Metalliferous Mines TCN-14-06-2006 or Technical Safety Regulations for Construction Work TCVN 5308:91 and related construction standards and regulations;

e) Blasting plan according to the guidance provided in Appendix 5 of this Circular;

The blasting plan must be reviewed and approved by the enterprise leader or the competent authority specified in Clause 4, Article 22 of Decree No. 39/2009/NĐ-CP;

g) Monitoring plan for blast impact satisfying the requirements of QCVN 02:2008/BCT (if applicable); emergency prevention and response plan for storage facilities and explosive transportation means;

h) A certified copy of the Fire Prevention and Control Certificate for explosive storage facilities attached to the storage facility documentation meeting the provisions of QCVN 02:2008/BCT for organizations with explosive storage facilities;

In cases where the organization requesting the permit does not have its own storage facility or transportation means, the application must include a notarized general lease agreement for storage facilities or explosive transportation means from organizations meeting the above requirements or a notarized general agreement with permitted explosive trading organizations to supply explosives to the project based on the blasting passport;

i) Decision appointing the Blasting Commander by the enterprise leader and List of Blasters and persons directly involved in the use of explosives; Labor Permit for foreign workers involved in the use of explosives (if applicable);

2. For organizations requesting renewal of an Explosive Use Permit without changes in location or scale of operations, the documents include: report on the use of explosives during the validity period of the previously issued permit and the documents stipulated in Clause 1 of this Article, if there are any changes;

3. In cases where the conditions specified in Points b, d, đ of Clause 1 of this Article are met but the organization does not carry out blasting themselves, such organizations may enter into a contract to hire all blasting services from organizations holding a Blasting Service Permit. The blasting service contract must clearly specify the responsibilities of the blasting service provider as prescribed by law on the use of explosives;

An organization that has hired blasting services is not allowed to perform any direct activities related to the use of explosives.

Article 10. Documents for Issuing an Explosive Service Permit

1. Legal documents include:

a) A request for issuing an explosive service permit signed by the head of the enterprise. If it is an enterprise under the Ministry of National Defense, there must be a request letter from the Ministry of National Defense or the agency assigned by the Ministry of National Defense to manage explosives. b) A valid copy of the Decision on Establishment or Business Registration Certificate. If it is a foreign-invested enterprise operating in the oil and gas sector, it must have an investment certificate.

c) A certificate confirming compliance with security and public order conditions issued by the competent police authority.

d) A request for issuing an explosive service permit from the People's Committee of the province for the explosive service form specified in point a, Clause 1, Article 25 of Decree No. 39/2009/NĐ-CP.

2. Documents proving the fulfillment of conditions for supplying explosive services include:

a) An explosive service plan signed by the enterprise leader, clearly stating the objectives, scale, scope, suitability to planning, demand for explosive services, and the company's capacity to meet these demands; necessary conditions and solutions to ensure security and social order during the supply of explosive services.

b) A valid copy of permits for using explosives.

c) Typical blasting plans implemented within the two years prior to the application for the explosive service permit.

d) The documents stipulated in point h, i, Clause 1, Article 9 of this Circular.

3. For organizations already holding an Explosive Material Business Permit, the application does not include the documents and materials stipulated in points b, c, d, Clause 1 of this Article and the document stipulated in point h, Clause 1, Article 9 of this Circular.

4. For organizations applying for renewal of an Explosive Service Permit without changing their name, business type, or operational area, the application only includes a report on explosive service activities during the validity period of the previously issued permit and the documents stipulated in points b, c, Clause 1, and point d, Clause 2 of this Article if there are changes.

Article 11. Documents for Issuing Export and Import Permits for Explosives and Blasting Agents

1. Documents for requesting an Import Permit for Explosives include:

a) A request for issuing an import permit signed by the leader, specifying the needs and implementation time.

b) A valid copy of the Explosive Material Business Permit.

c) A valid copy of the quantity of explosives imported in the planned year.

d) A notarized copy of the Contract for purchasing explosives from a foreign enterprise and the Contract for selling explosives to a domestic enterprise.

2. Documents for requesting an Export Permit for Explosives

a) A request for issuing an export permit signed by the leader, specifying the needs and implementation time.

b) A notarized copy of the Explosive Material Business Permit.

c) A report on the quantity of explosives exported in the previous instance.

d) A notarized copy of the Contract for selling explosives to a foreign enterprise and the Contract for purchasing explosives from a domestic enterprise.

For cases of re-exporting explosives by foreign oil and gas enterprises - A notarized copy of the Contract for purchasing explosives from a foreign enterprise and a notarized copy of the Contract for selling explosives to another foreign enterprise.

3. Documents for requesting an Export and Import Permit for Blasting Agents

a) A request for issuing an export or import permit signed by the leader, specifying the needs and implementation time.

b) A valid copy of the Blasting Agent Business Permit or a Certificate of Eligibility for Producing Explosives (in the case of importing blasting agents for producing explosives).

c) A report on the quantity of explosives exported and imported in the planned year.

d) A notarized copy of the Contract for purchasing blasting agents, and if the organization is a blasting agent trader, it must also provide a valid copy of the Contract for selling blasting agents to customers.

For cases of re-exporting by blasting agent traders - A notarized copy of the Contract for purchasing blasting agents from a foreign enterprise and selling blasting agents to another foreign enterprise.

In the case of re-export by organizations trading in explosive precursors - A notarized copy of the Contract for purchasing explosive precursors from foreign enterprises and selling explosive precursors to other foreign enterprises.

Article 12. Procedures for Issuing Certificates and Licenses for the Production and Operation of Explosive Materials and Precursors

1. Procedure for Issuing a Certificate of Eligibility for the Production of Explosive Materials and Precursors

Within seven working days from the date of receiving complete and valid application files, the Department of Industrial Safety and Environmental Technology shall examine, assess, and issue a Certificate of Eligibility for the Production of Explosive Materials and Precursors according to the model specified in Appendix 1 of this Circular. In case of non-issuance, a written response must be provided to the requesting organization, clearly stating the reasons.

2. Procedure for Issuing a Business License for Explosive Materials and Precursors

Within seven working days from the date of receiving complete and valid application files, the Department of Industrial Safety and Environmental Technology shall examine, assess, and issue a Business License for Explosive Materials; the Chemicals Department shall examine, assess, and issue a Business License for Precursors according to the model specified in Appendix 1 of this Circular. In case of non-issuance, a written response must be provided to the requesting organization, clearly stating the reasons.

3. Procedure for Issuing an Export and Import License for Explosive Materials and Precursors

Within seven working days from the date of receiving complete and valid application files, the Chemicals Department shall conduct examination, assessment, and issuance of an Export and Import License for Explosive Materials and Precursors according to the model specified in Appendix 1 of this Circular. In case of non-issuance, a written response must be provided to the requesting organization, clearly stating the reasons.

4. Procedure for Issuing a Usage License for Explosive Materials and Blasting Services

Within seven days from the date of receiving complete application files, the competent authority specified in Chapter V of this Circular must conduct examination, assessment, and issuance of a Usage License for Explosive Materials and a Blasting Service License according to the model specified in Appendix 1 of this Circular. In case of non-issuance, a written response must be provided to the requesting organization, clearly stating the reasons.

Chapter IV

MANAGEMENT OF ACTIVITIES WITH RESPECT TO EXPLOSIVE MATERIALS AND PRECURSORS

Article 13. Management of Business Operations, Export, and Import of Explosive Materials and Precursors

1. Organizations producing explosive materials may only purchase or import precursors for production of explosive materials in accordance with the quantity and types committed to in their business plans with trading organizations.

2. Trading organizations dealing with explosive materials and precursors must submit documents establishing their subordinate entities such as factories, branches, and representative offices to the Ministry of Industry and Trade and the Ministry of Public Security for monitoring and management.

3. Trading organizations dealing with explosive materials and precursors must develop business plans, export and import plans, and national reserve plans for explosive materials and precursors and submit them to the Ministry of Industry and Trade before October 1st each year. In case of changes or adjustments to these plans, enterprises must submit supplementary documents to the Ministry of Industry and Trade.

4. Enterprises dealing with explosive materials and precursors must prepare statistical reports on business operations, exports, imports, and inventory levels every six months, nine months, and annually, and submit them to the Ministry of Industry and Trade for monitoring and management.

5. For organizations under the Ministry of National Defense, plans and reports as stipulated in Clause 3 and Clause 4 of this Article must be submitted to the agency tasked by the Ministry of National Defense with managing explosive materials for consolidation and reporting to the Ministry of Industry and Trade according to the model specified in Appendix 4 of this Circular.

6. Specific management regarding the production, trading, usage, export, and import of precursors for explosives shall be carried out in accordance with separate guidelines issued by the Ministry of Industry and Trade.

Article 14. Management of the Use of Industrial Explosives

1. When using industrial explosives at the local level, organizations using industrial explosives shall be responsible for:

a) Registering with the Department of Industry and Trade in accordance with Article 39 of Decree No. 39/2009/NĐ-CP; in cases where a service provider organization that has registered for the first time applies to subsequent locations within the same province, the registration dossier shall only include the service contract and blasting design; the Departments of Industry and Trade of the provinces shall cooperate with relevant authorities (Labor Inspectorate, Police) to inspect compliance with legal regulations regarding blasting time, location, safe distance, security conditions, and other safety requirements, and issue the Registration Certificate to the organization using industrial explosives before the blasting takes place;

b) Establishing and implementing monitoring plans and determining the impact of blasting in accordance with the requirements of QCVN 02:2008/BCT;

Fifteen (fifteen) days prior to the blasting, the organization using industrial explosives must submit the monitoring plan to the Department of Industry and Trade where the blasting activity will take place; the Department of Industry and Trade shall be responsible for inspecting the implementation of the monitoring plan for the impact of blasting;

c) Reporting the quantity, type, quality of industrial explosives and related issues to the Department of Industry and Trade where the blasting occurs, before June 25 for semi-annual reports and before December 25 for annual reports. The report format is specified in Appendix 2 of this Circular;

d) Establishing and implementing procedures, formalities, record books, and certificates for the storage, use, and disposal of industrial explosives in accordance with the requirements of QCVN 02:2008 and Appendix 6 of this Circular.

2. The management and issuance of permits for the use of industrial explosives by military enterprises shall be guided by the Ministry of National Defense.

When using industrial explosives for economic purposes at the local level, units and military enterprises shall be responsible for registering with the local explosive material management authority and complying with relevant legal provisions.

Article 15. Testing, Evaluation, and Quality Management of Industrial Explosives

Testing, evaluation, and quality management of industrial explosives shall be carried out in accordance with Circular No. 06/2008/TT-BCT dated May 19, 2008, issued by the Ministry of Industry and Trade guiding the management of the quality of industrial explosives, TCVN 6174:97, QCVN 02:2008/BCT, and corresponding quality standards for types of industrial explosives that have been announced.

Chapter V

IMPLEMENTATION

Article 16. Responsibilities of Functional Departments under the Ministry of Industry and Trade

1. The Department of Safety Technology and Environmental Protection shall take the lead and coordinate with relevant agencies to be responsible for:

a) Drafting and submitting to the Minister for promulgation legal regulatory documents, technical standards, and safety regulations concerning industrial explosives;

b) Organizing guidance on legal regulations in production, business, and use of industrial explosives; guiding the content of preventive emergency response plans for explosive material storage facilities. Implementing inspection, supervision, and handling activities for explosive material operating entities in accordance with legal regulations;

c) Receiving and reviewing applications for new, renewed, adjusted, or revoked licenses for trading in industrial explosives, certificates of qualification for producing industrial explosives and explosive precursors; blasting service licenses and licenses for using industrial explosives for economic organizations as stipulated in Clause 1, Article 36 of Decree No. 39/2009/NĐ-CP;

d) Inspecting and examining to issue Technical Safety Certificates for industrial explosives and explosive precursors for individuals within the scope of issuing such certificates and licenses;

đ) Regularly summarizing management work of industrial explosives within the assigned functions and tasks. Receiving and compiling reports on the management and use of industrial explosives from localities, proposing solutions for the Minister's direction;

e) Cooperating with the Chemicals Department and the Science and Technology Department to compile information on the management, production, business, and use of industrial explosives and explosive precursors in centrally-administered cities and provinces, and reporting to the Ministry of Industry and Trade in accordance with regulations.

2. The Chemicals Department shall take the lead and coordinate with relevant agencies to be responsible for:

a) Developing long-term planning, five-year plans, and annual plans for industrial explosives and explosive precursors; drafting guidelines for investment, export, and import of industrial explosives and explosive precursors;

b) Receiving and reviewing project investment construction dossiers for industrial explosives and explosive precursor production facilities of economic organizations in accordance with legal regulations on investment construction management;

c) Formulating and directing the implementation of regulations on the export and import of industrial explosives and explosive precursors in accordance with legal regulations on export and import management; issuing export and import licenses for industrial explosives and export, import, and trade licenses for explosive precursors;

d) Regularly summarizing and reporting on export, import, and development investment work in the industrial explosives and explosive precursors sector according to regulations.

3. The Science and Technology Department shall take the lead and coordinate with relevant agencies to be responsible for:

a) Formulating technical standards and quality standards for products of industrial explosives and explosive precursors; organizing research, trial production, and testing of industrial explosives and explosive precursors;

b) Taking the lead and coordinating with relevant departments and bureaus to submit to the Minister of Industry and Trade for promulgation, supplementation, and amendment of the List of Vietnamese Industrial Explosives;

c) Receiving and reviewing applications for product quality declarations of industrial explosives meeting the conditions and supplementing them into the List of Vietnamese Industrial Explosives; organizing the implementation of product quality management in accordance with legal regulations on product quality management, Circular No. 06/2008/TT-BCT dated May 19, 2008, issued by the Minister of Industry and Trade guiding the management of industrial explosives quality, and the provisions of TCVN 6174-1997, QCVN 02:2008/BCT;

d) Regularly summarizing management work of industrial explosives and explosive precursors within the assigned functions and tasks.

Article 17. Responsibilities of the Department of Industry and Trade of the provincial/municipal People's Committee directly under the Central Government

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

a) Establish and submit to the Provincial People's Committee for promulgation the regulations on responsibilities for management and coordination mechanisms among relevant agencies in managing explosive materials and chemicals (VLNCN), provisions on activities using VLNCN in specific areas and construction clusters based on particular conditions of each area and cluster; develop plans for explosive material services, storage facilities, transportation routes for VLNCN, and economic-technical norms for VLNCN usage;

b) Inspect, supervise, and handle violations related to the management of explosive precursors, business operations, and use of VLNCN within the province according to legal provisions.

2. Receive applications, review, and implement issuance, adjustment, and revocation of permits for VLNCN usage activities within the province for organizations within the licensing authority according to regulations upon authorization from the Provincial People's Committee.

3. Register VLNCN usage for organizations holding VLNCN usage permits issued by competent authorities according to the form prescribed in Appendix 1 of this Circular.

4. Inspect and issue Technical Safety Certificates for explosive materials for entities using VLNCN within the licensing authority of the Provincial People's Committee.

5. Prepare periodic reports every six months and annually on the situation of management, business operations, and usage of VLNCN within the province according to the form prescribed in Appendix 3 of this Circular and submit them to the Ministry of Industry and Trade (Department of Safety Technology and Environmental Protection) before June 30 for the six-month report, and before December 31 for the annual report.

Article 18. Effective Date

This Circular takes effect from September 30, 2009, and replaces Circular No. 02/2005/TT-BCN dated March 29, 2005, guiding the management, production, business operation, supply, and use of explosive materials and chemicals; Circular No. 04/2006/TT-BCN dated April 24, 2006, amending and supplementing certain articles of Circular No. 02/2005/TT-BCN dated March 29, 2005, guiding the management, production, business operation, supply, and use of explosive materials and chemicals; Circular No. 03/2006/TT-BCN dated April 14, 2006, guiding the export and import of explosive materials and chemicals and high-nitrate ammonium imports; Circular No. 02/2008/TT-BCT dated February 19, 2008, guiding business conditions and issuance of permits for high-nitrate ammonium business operations. Abolish provisions of the Ministry of Industry and the Ministry of Industry and Trade that conflict with this Circular./.